31/03/2026
Examples of Liability claims - Part 2
In Part 1 of this newsletter, we looked at the concept of liability and what constitutes legal liability.
In this newsletter we are going to look at some practical examples of potential liability claims.
Let's look at some examples:
Slip & trip incidents:
A resident slips on a wet entrance floor with no warning signage and fractures an arm. The body corporate or building owner may be held liable for medical expenses if reasonable precautions weren't taken.
Gate malfunctions:
A gate suddenly malfunctions and closes on a vehicle or person. Injuries or damage caused by building equipment that the building owner or body corporate is responsible for maintaining may result in claims.
It is important to note, however, that if a gate sensor (or similar safety mechanism) was functioning correctly and maintained appropriately, but fails unexpectedly for the first time, this does not automatically give rise to liability. Each incident must be considered on its own merits, taking into account whether there was any negligence in maintenance, inspection, or response to prior issues.
Poorly maintained common areas:
Uneven paving, potholes, broken handrails, inadequate lighting may lead to trips or injuries. If the hazard was known - or should reasonably have been known, the building owner or body corporate may be held liable.
In Part 3 of this newsletter, we will look at some preventative measures to reduce your liability risk.
