Is landlord liable if tenant falls off an edge?

So I have a patio - wondering if I need to fence it. What's my legal liability here? Would my normal building insurance (which comes with public liability) cover this sort of thing?

 

Was the patio approved or part of the initial build - would be my first question ?

 

Your legal liability would depend on a heap of factors. But you could be liable for someone's injury.

research some case law for 'occupiers liability' or 'slip and fall'

 

Yes, approved in its current state.

Thanks for the suggestion

 

I say no need to fence.

It complies with the current NCC (national construction code) as elevations of 50 cm do not require a balustrade or railing.

 

I think in Vic it has to be 90cm or 1m before safety railing is required.

Google the building code requirements.

But who knows what could happen in court, a reasonable person, etc, etc

 

The NCC sets out what is legally required - hence reasonable. No point in scaremongering. I'm assuming everything is in good repair, of course.

 

If the building code requires a fence then yes, put one up. If it doesn't then don't. If you are complying the the legislation that is the first part done.
Then whether your Building insurance would cover you would depend on the incident.

 

Maybe just a simple call to who ever you have Landlord insurance with,and ask to talk to someone who deal's with this on a individual daily basis with-in the companies legal department ..

Myself looking at the footprint plan ,and knowing what can happen with young children and the way insurance companies work I would say "YES"...At least that way you can sleep at night ,the cost factor vs the stress legal costs would balance the cost to make it safe..imho..

 

If you want your property to appeal to families with younger children then I think a fence is a good idea even if not strictly necessary.

The fact that you are even asking the question means you have concerns.
Marg

 

Or if not a fence, why not put steps?

 

There are steps, I didn't draw them lol, would've been hard to draw.

Good point. I might put one in for that reason.

 

I wouldn't think there's any need to install railings. There's no specific requirement at that elevation and I can't see it failing the reason-ability test.

 

Just because there's no obligation to install a fence under the building code doesn't mean you couldn't be found to be negligent at common law. My main concern would be ensuring the raised surface is non-slip if you are not fencing it.

 

Ah there it is. Lionel Hutz and Co may want to help seek damages when Aunty Martha falls cause she is a clumsy old bat. Nobody has accidents anymore. They are injured by someone else. I like how major insurers engage large firms on retainer to defend these claims. Downside its lawyers feeding lawyers.

A hedge on the low side ? May help to define the edge and also provide a cushioned fall ?

 

Didn’t help Kerri Anne Kennerley’s husband when he fell backwards off a low veranda edged by garden hedging. He still broke his neck.
Marg

 

Hard to see how you could make lawn safe - he fell on a bit of lawn not a balcony as per quote below:

'Meanwhile despite reports that the businessman in his 60's suffered the serious neck injury in a balcony fall, it has since been clarified that he fell on a strip of lawn at Bonville Golf Resort in Coffs Harbour on Sunday night.

The resort's general manager Brad Daymond told The Daily Telegraph: 'He fell in a very awkward manner on to the lawn'.’

Read more: Kerri-Anne Kennerley's husband John 'fell on to the LAWN' outside golf resort | Daily Mail Online
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If you fall off what do you land on?
I think I would be inclined to put a railing up to protect myself.

 

if it doesn't have steps at 2R+G then it's in breach of the NCC as it's well above what would be considered "a step".

in which case, if you have no step and a tenant stacks it, you will be liable fo' shizzle.