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Injured While at a Rental Property or Holiday Home

If you sustain serious and permanent injuries at a rental property, you may be able to make a public liability claim under the NSW Civil Liability Act.  You need to have an injury which is serious, permanent and effects the ability for you to live your normal life.

If you are one of the many thousands of people in NSW who rent a property or are renting a holiday home, you have a right for that home to be safe, secure, and maintained for the duration of the rental agreement. If someone is injured in a rental or holiday home, it may be possible to make a public liability claim against the owner/landlord.

Tenants Rights and Responsibilities

If you sustain serious and permanent injuries at a rental or holiday home, you may be able to make a public liability claim under the NSW Civil Liability Act.  You need to have an injury which is serious, permanent and effects the ability for you to live your normal life.

Depending on the facts of your case and what caused your injuries, you may have a claim against any or all the following: –

1.     Your landlord

2.     An owner’s corporation

3.     A property manager or agent

4.     Tradespeople

If you have sustained an injury, you should immediately notify the property manager or agent of the incident, how it occurred and the injuries you have sustained.  You should also immediately seek medical treatment for your injuries.

It is also important that as a tenant, if there are dangerous aspects of the premises, that these are brought to the attention of the property manager and landlord as soon as possible, in writing.

Rental Owner and Landlords Rights and Responsibilities

There is no general duty on an owner to inspect the property to find hidden dangers or defects that are not either already brought to their attention or not clearly visible to the person renting the home.

For example, if a defect in a balcony rail which is not visible to the homeowner on a general inspection, collapses and causes injury it would not give rise to a claim against the owner as the law does not require the owner to conduct regular safety inspections to pick up hidden dangers.

The owner owes a duty to take reasonable care for the safety of tenants and visitors, but that duty is only that of a reasonable person.

At the beginning of a lease, you should inspect the property.  If you find any aspects of the property are dangerous, you should alert the managing agent immediately and request the necessary repairs to make it safe. This should be done in writing.

You should keep a note of all correspondence and communications with the property manager or landlord in relation to any complaints about any dangerous or safety issues with the property.

The law requires that the owner must take reasonable steps to ensure the safety of its property and its tenants but only in circumstances where: –

1.     The property is in some way defective, and this is obviously dangerous.

2.     The owner (or their representative) knew or should have known about the defect; and

3.     No timely or reasonable action was taken by the owner or their representative to repair the defect and prevent the risk of injury.

To be successful in a claim therefore, the owner must know of the dangerous condition of the property, or they should have known of the defect because it was so obvious.

Types of Rental Home Injury Cases

There are many ways in which a property may be unsafe, such as:

1.     Rotten or broken floorboards

2.     Problems with stairs and steps

3.     Failure to provide proper handrails

4.     Dangerous paths and paving

5.     Unstable balconies and balustrades

6.     Inadequate lighting on the property

How to Make a Claim

If you have sustained an injury whilst at a rental or holiday home, you should take the following steps before contacting a lawyer: –

1.     Immediately alert the property agent of the incident and the injuries you sustained.

2.     Seek medical treatment straight away and explain how your injuries occurred.

3.     Keep all emails or letters sent to the landlord or property agent in relation to the defect in the property.

4.     Keep records and receipts of all your medical and related expenses incurred.

5.     Take photographs of the defect which caused your injury.

6.     Do not try and fix the property without notifying the landlord and obtaining approval.

If your injuries are serious and permanent, you should contact Garling & Co Lawyers to discuss the possibility of making a public liability claim.

Generally, you have three years from the date in which you knew or ought to have known you had a right to make a claim against the owner.  You should therefore always contact a Lawyer and obtain advice well within three years from the date of your injury.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
T M
08:15 27 Feb 25
To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more
S Z
07:46 27 Feb 25
I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more
Jude M.
03:54 21 Feb 25
I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more
Pouya Zadbar T.
01:36 15 Feb 25
Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more
Don T.
05:59 13 Feb 25
I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more
Pedro M.
04:26 11 Feb 25
Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.
Ron J.
03:49 11 Feb 25
I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more
Sandra C.
03:27 06 Feb 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
kokomo U.
01:38 15 Jan 25
Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more
Sam H.
09:47 17 Dec 24
Very knowledgeable, explains everything very clearly and highly recommend.
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T M
08:15 27 Feb 25
To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more
S Z
07:46 27 Feb 25
I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more
Jude M.
03:54 21 Feb 25
I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more
Pouya Zadbar T.
01:36 15 Feb 25
Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more
Don T.
05:59 13 Feb 25
I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more
Pedro M.
04:26 11 Feb 25
Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.
Ron J.
03:49 11 Feb 25
I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more
Sandra C.
03:27 06 Feb 25
Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more
kokomo U.
01:38 15 Jan 25
Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more
Sam H.
09:47 17 Dec 24
Very knowledgeable, explains everything very clearly and highly recommend.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9