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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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We rent premises that the landlord also has her house on

Customer Question

We rent premises that the landlord also has her house on plus 2 other retal properties - all seperate dwellings . On the 26th December she refused to open the gate to let my son and son in law in with my fridge. I am a terminal cancer patient and had to go out and fell badly on the uneven stairs to the entry of our flat I now can't use my good arm and my knees are even more painful than before but mainly my back and neck I am in so much pain I had to use endone and still have to because of my back which I am so much pain in. My son and son in law had to bring it in the person gate then get it about 50 metres to the flat which also caused damage to my fridge. We live in Sydney can I claim personal (medical damage) and also the damage to the fridge? Looking forward to your response. Honestly the pain is horrid even my teeth?? Thank you Tracey
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

In the circumstances you describe you may well be able to sue your landlord for your injuries, which means suing for compensation. Of course to succeed you need to prove that your landlords negligence or deliberate improper act caused your accident. Two ways appear as possible grounds for alleging liability. One, that by interfering with your or your agents lawful access to your premises they caused you to have to go out when you were in no fit state to do so, or alternately, the uneven stairs likely do not comply with the Australian Building standards posing a foreseeable risk of injury.

Only a personal injury lawyer fully briefed in the facts can give you firm advice, but based on many years dealing with similar claims in the insurance industry, I suspect from your story that you will have a viable case.

If you need help locating a suitable lawyer, contact the Law Society in your state, called the Law Institute in Victoria.

I trust the above assists.