Cause for concern?

Discussion in 'Legal Issues' started by Mark C, 18th Apr, 2007.

  1. Mark C

    Mark C Member

    Joined:
    23rd Apr, 2004
    Messages:
    336
    Location:
    Brisbane
    I have been advised by my property manager that a tenant I have has broken his leg in the backyard of my IP over the Easter long weekend.

    The house is of cause well maintained and I have never neglected a repair item.

    The tenant has advised that I will be hearing from his lawyer in regards to this accident.

    I should note this particular tenant is already on a disability pension for only having one leg. He received a hefty payout a few years ago for the initial accident.

    Dose he have a leg to stand on? (it had to be said) I of cause have a perfect history with maintenance and insurance on all my properties, should I be worried?

    Mark
     
  2. The Y-man

    The Y-man Member

    Joined:
    27th Sep, 2004
    Messages:
    11,564
    Media:
    29
    Location:
    Melbourne
    Your building insurance should cover you if he comes after you.

    Cheers,

    The Y-man
     
  3. Simon

    Simon Living the Dream

    Joined:
    4th Mar, 2001
    Messages:
    4,857
    Media:
    37
    Location:
    Newcastle NSW
    It must really suck to break your only leg. Poor fella...
     
  4. Mark C

    Mark C Member

    Joined:
    23rd Apr, 2004
    Messages:
    336
    Location:
    Brisbane
    Thanks Y-man its a comfort to hear that. The fellow has cause no end of greif since he moved in, I have already issued an eviction notice (for failing to meet lease conditions) he may just be in my life a bit longer.

    Mark
     
  5. Mark C

    Mark C Member

    Joined:
    23rd Apr, 2004
    Messages:
    336
    Location:
    Brisbane
    Maybe it could be desribed as Karma.
     
  6. geoffw

    geoffw Untitled

    Joined:
    29th Dec, 2001
    Messages:
    22,778
    Media:
    321
    Location:
    Queanbeyan NSW
    Contact your lawyer and insurer ASAP.
     
  7. Ricardo29

    Ricardo29 Member

    Joined:
    10th Jan, 2006
    Messages:
    693
    Location:
    Perth
    do nothing.

    wait until you get some info/documentation/claim from him on you (or from his lawyers), then forward to your insurer.

    stock standard run of the mill liability claim. insurers will pay, and/or send in a team of 16 phillips fox lawyers to beat it. you wont have to do a thing.
     
  8. Mark C

    Mark C Member

    Joined:
    23rd Apr, 2004
    Messages:
    336
    Location:
    Brisbane
    I was updated on the situation late yesterday when my PM called to let me know he had indeed suffered a very bad fracture to his prosthetic leg.

    It's sounding a little fake to me.
     
  9. sailor

    sailor Member

    Joined:
    23rd Jun, 2006
    Messages:
    2,979
    Media:
    1
    Location:
    Cairns...Heaven-on-a-stick!
    Insurance coys also consider how many claims a person has previously had. If he has a history...they might rethink his claim. In any case, I'd take note of the previous posters...you are covered, you don't need to do anything but pass along any claim to your ins coy.

    Rest easy, and don't lose any sleep over it.
     
  10. XBenX

    XBenX Member

    Joined:
    26th Nov, 2002
    Messages:
    2,230
    Media:
    1
    Location:
    Sydney, NSW
    Thats a new one, I broke my fake leg and Im taking you to court!
     
  11. Joe D

    Joe D Member

    Joined:
    28th Sep, 2002
    Messages:
    597
    Location:
    Perth
    Soooooooo ....

    in answer to your first question, he really does have a leg to stand on:rolleyes:
     
  12. TheCamel

    TheCamel Member

    Joined:
    14th Feb, 2006
    Messages:
    1,046
    Media:
    9
    Location:
    London
    giggle.

    "fractured prosthetic leg" && "fake"
    giggle.
     
  13. wylie

    wylie Member

    Joined:
    29th Apr, 2005
    Messages:
    12,682
    Media:
    238
    Location:
    Brisbane Queensland
    Some threads peter out after a while, but I reckon this one has legs :D

    Wylie
     
  14. Mark C

    Mark C Member

    Joined:
    23rd Apr, 2004
    Messages:
    336
    Location:
    Brisbane
    It's startying to sound like a joke but I asure everyone it is a real event, I'll post an update on the situation when I hear from his lawyer.

    I'll try to keep one step ahead of him the whole time.
     
  15. Pushka

    Pushka Member

    Joined:
    13th Jun, 2006
    Messages:
    2,980
    Media:
    2
    Location:
    SA
    Yep, think it will run for a while yet!
     
  16. Dunsborough

    Dunsborough Member

    Joined:
    3rd Jan, 2007
    Messages:
    130
    Location:
    Bunbury WA
    As the poor guy is legless i am sure you will, sorry :)
     
  17. Ricardo29

    Ricardo29 Member

    Joined:
    10th Jan, 2006
    Messages:
    693
    Location:
    Perth
    i took a phonecall yesterday afternoon, from a fella wishing to insure his spare leg. for theft. only one person in the world i could think of who would steal such an item......this thread firmly in my mind as took the call!!!

    i know the bloke so had to ask "youre not claiming damages on your landlord are you...the one you refuse to pay rent to...?".
    wasnt him!!:)
     
  18. wylie

    wylie Member

    Joined:
    29th Apr, 2005
    Messages:
    12,682
    Media:
    238
    Location:
    Brisbane Queensland
    Sorry Mark C for some of us making light of this. I know it is serious and I would be worried too, but it does sound like you are well covered and there shouldn't be a problem regarding insurance.

    Please do keep us posted.

    Wylie
     
  19. geoffw

    geoffw Untitled

    Joined:
    29th Dec, 2001
    Messages:
    22,778
    Media:
    321
    Location:
    Queanbeyan NSW
    Mark

    Have you taken legal advice?

    Yes, I know that somebody disagreed with me when I suggested it. But I have been in a situation where legal action was threatened- just the peace of mind knowing the I have a leg to stand on (so to speak) is invaluable; your legal advisor could also tell you what to say and what not to say.
     
  20. Pushka

    Pushka Member

    Joined:
    13th Jun, 2006
    Messages:
    2,980
    Media:
    2
    Location:
    SA
    OK, back to serious. Where do you draw the line between people just falling over, and a landlord being responsible? Is there a definition similar to that used for furnishings - eg Fair wear and tear versus damage? Surely, if the house is well maintained, eg no holes on the carpet to trip on, if a person does injure themselves while renting, how can landlords be held accountable for that? And who is to say the tenant didnt slip on the floor because they had spilled some water and couldnt be bothered cleaning it up?