If you’ve been injured at a rental property, you may have a public liability claim.
With Australian house prices passing $1 million in 2025—and NSW leading at an average of $1,295,900 in September 2025—more Australians are renting than ever. Around 31% of households, or 2.9 million people, now live in rental properties.
But renting doesn’t guarantee safety. The 2023 Strata Defects Survey Report found that 53% of newly registered apartments had at least one serious defect. Broken stairs, faulty wiring, and slippery balconies are not rare—and every year, tenants are seriously injured as a result.
What often causes the most confusion isn’t the injury itself, but responsibility. Is the landlord liable? The property manager? Or the strata committee? And how do you claim compensation without getting buried in legal jargon and paperwork?
Landlord Obligations: The Legal Basics
Many tenants don’t realise that NSW law places strong responsibilities on landlords. Under the Residential Tenancies Act 2010, landlords must provide premises that are fit for habitation and maintain them in reasonable repair. This isn’t optional—it’s a legal duty.
Beyond tenancy law, landlords also owe tenants a duty of care under common law and the Civil Liability Act 2002 (NSW) (hereafter, “CLA”). This duty requires landlords to ensure properties are free from unreasonable risks. Regular inspections, timely repairs, and addressing hazards are all part of meeting this obligation.
Common Rental Property Injuries
Rental property injuries can range from minor to severe. Some of the most common include:
- Falls: Broken stairs, uneven flooring, poor lighting, and wet surfaces are frequent causes.
- Electrical injuries: Faulty wiring, outdated systems, and non-compliant safety switches can cause shocks, burns, or worse.
- Structural failures: Balcony collapses, failing handrails, and ceiling cave-ins can lead to catastrophic injuries.
- Environmental hazards: Mould, asbestos, and chemicals used in pest control or cleaning can pose serious health risks, ranging from respiratory problems to poisoning and long-term illness. The risk for mould is particularly pronounced in rental housing—ABC News has reported in 2023 that rental properties are more likely to develop mould than other types of homes.
Each type of injury may involve different legal considerations and compensation potential.
Who Can Be Held Liable?
Determining liability in rental property injury cases often involves several parties:
- Landlords: Typically bear primary responsibility. Courts assess whether the landlord knew—or should have known—about the hazard and whether they failed to take reasonable steps to prevent injury.
- Real estate agents: Agents managing properties assume duties of care, especially if they handle repairs or inspections. Ignoring tenant reports or delaying urgent repairs can create shared liability.
- Strata schemes: For apartments and townhouse complexes, the owners corporation is responsible for common areas and shared structures. Injuries in lobbies, stairwells, or car parks may result in claims against the strata body rather than an individual landlord.
- Contractors or previous tenants: Shoddy repairs by contractors or negligence by prior occupants can lead to claims if the landlord knew—or should have known—about the defects.
What Tenants Need to Prove
To succeed in a compensation claim, tenants must establish four key elements:
- Duty of care: Landlords and managing agents owe tenants a duty to maintain safe premises.
- Breach of duty: Tenants must show the landlord or agent failed to act as a reasonable property owner would, such as ignoring prior complaints or delaying repairs.
- Causation: There must be a direct link between the breach and the injury. Injuries caused by a properly maintained property usually won’t qualify.
- Damages: Tenants must document medical costs, lost wages, pain and suffering, and any long-term impairment.
The CLA guides courts to consider whether risks were foreseeable, the likelihood of harm, and the burden of precautions.
Immediate Steps After an Injury
Timing is critical. The Limitation Act 1969 generally allows three years to start a personal injury claim, but acting immediately is crucial to protect your case.
- Seek medical attention: Document your injuries promptly.
- Report the hazard: Notify your landlord or property manager in writing and keep copies.
- Document the evidence: Photograph the hazard and the surrounding area, note conditions like lighting or weather, and preserve damaged property.
- Collect witness details: Names and contact information of anyone who saw the hazard or incident can strengthen your claim.
- Record expenses and impacts: Track medical bills, travel costs, lost income, and daily life disruptions.
Early action preserves evidence and strengthens your claim significantly.
Compensation You May Recover
NSW compensation claims can cover:
Economic damages
These cover your financial losses, such as:
- medical and hospital bills
- rehabilitation
- medication
- travel costs
- lost income
- reduced ability to earn in the future
In serious cases, this can also include the cost of help at home if you can no longer manage everyday tasks like cleaning or cooking.
Non-economic damages (General damages)
These recognise the personal impact of your injury, including:
- Pain and suffering
- loss of enjoyment of life
In NSW, compensation for general damages is capped under the Civil Liability Act, with a maximum lump sum of $804,000 for catastrophic injuries for the period from 1 October 2025 to 31 July 2026. This cap will be updated on 1 October 2026.
To qualify, your injury must meet the minimum threshold of 15%, compared to the most extreme case. Even if it doesn’t, you may still recover your financial losses.
Many landlords carry public liability insurance, which usually covers these claims. This means tenants aren’t seeking money directly from landlords. Insurance funding often makes pursuing claims more practical and less stressful.
When Tenants Share Responsibility
Not all injuries result in full compensation. NSW law recognises contributory negligence, which can reduce compensation if tenants contributed to their own harm.
Examples include:
- Ignoring obvious hazards.
- Using property in unsafe ways, like climbing on furniture.
- Failing to maintain areas under their control.
- Taking risks in recreational facilities where hazards are inherent to the activity.
Even a small tenant mistake can reduce or eliminate compensation, so caution is essential.
Real Case Example
In the case of Walsh v Yang & Ors [2023] NSWDC 307, a 56-year-old tenant was injured after slipping on wet tiled stairs at a Baulkham Hills rental property, and the NSW District Court found the property owners negligent, awarding the tenant $102,508 in damages.
Mr Walsh was renting a converted garage or flat. The accident occurred during the rain while he was bringing washing inside. Importantly, the owners already knew the tiles were dangerously slippery when wet. Mr Walsh had fallen on the same stairs in November 2018 and had warned them about the risk. Despite this, no safety measures—such as non-slip tape or handrails—were installed.
The court found that the owners breached their duty of care. Once they were aware of the hazard, they were required to take simple, low-cost steps to reduce the risk of injury. Their failure to do so made them legally responsible for Mr Walsh’s injuries.
The owners’ insurer attempted to deny coverage, arguing the flat was an unauthorised dwelling and that the policy excluded claims connected to breaches of planning or building laws.
While the court accepted that these exclusions technically applied, it held the insurer was still required to pay under section 35 of the Insurance Contracts Act 1984. Simply providing the policy wording was not enough—the insurer had failed to clearly explain that a slip-and-fall injury could be excluded due to planning issues. The connection was too complex for an ordinary consumer to understand without proper explanation.
The court also considered Mr Walsh’s pre-existing health conditions, finding that the fall aggravated those conditions. As a result, his entitlement to pain and suffering damages was limited to 25% of the maximum available.
Committed to You
Understanding your rights is just the first step—you don’t have to face the stress, paperwork, and legal hurdles on your own.
But simple actions can make a real difference: take photos of hazards, report problems to your landlord or property manager, and keep clear records of all communications. If you’re injured, seek medical care promptly, preserve any evidence, and get legal advice as soon as possible.
At Gajic Lawyers, we’re here for you—we don’t just handle your claim, we stand with you throughout the process. We know what landlords, property managers, and insurers are likely to do, and we take care of all the tricky parts. From figuring out who’s responsible, to collecting evidence, to negotiating compensation, we manage it so you don’t have to worry. And with our no-win, no-fee approach, cost won’t add to your stress while you focus on healing.
Your home should feel secure, not unsafe. If a rental property lets you down and you’re injured, we’re on your side, guiding you every step of the way. We’ll make sure your rights are protected, your claim is handled thoroughly, and your recovery comes first—so you can put your energy into getting better, not fighting the system.
Talk to one of our Sydney Public Liability Lawyers and Cabramatta Public Liability Lawyers today.