Cordato Partners, Business Lawyers, Property Lawyers, Tourism Lawyers
 
 

How liable are you if a visitor slips or trips when entering your property?

VERY LIABLE according a Victorian Supreme Court decision of Scott v Wanklyn.
Of course, liability is not automatic. The property owner/tenant must be at fault (i.e. negligent) in some way.

There is little or no liability if the visitor is at fault, for example, if they are not looking where they are stepping because they are texting on their phone or are wearing slippery footwear.

But if the owner has done something like digging a shallow trench which is hidden by fallen leaves (as in the Victorian decision) or has not repaired a wobbly step or uneven paving, then they are liable.

Public liability insurance covers owners and occupiers liability for injuries to visitors. It is often called the forgotten insurance because it is packaged into the main insurance:

  • For home owners and landlords, it is in their home insurance.
     
  • For business owners, it is in their business insurance.
     
  • For tenants / renters, it is in their contents insurance.

With court awards of hundreds of thousands or even millions of dollars, if a visitor is seriously injured and loses their income, it is public liability insurance that could save your house and save you from bankruptcy.

To read my summary of the Victorian decision, click:

Occupier's liability - Aged visitors and uneven access ways are a recipe for injury

© Copyright 2018 Cordato Partners