Injuries on your premises
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You are responsible for the safety of people using your premises. A place is your premises if you decide who is and who is not allowed onto it. If the rental provider is responsible for the maintenance of and the repairs to premises, then the rental provider is also responsible for people who hurt themselves on the premises. Premises include any fixed or movable structure, including any vessel, vehicle or aircraft.
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You must take all reasonable care to ensure that any person on your premises will not be hurt because of the state it is in. If you do not, you will have to pay compensation to anyone who is hurt while on the premises.
In deciding whether you have taken reasonable care, a court will look at:
how likely it was that an injury would occur;
how serious the injury is;
how the injured person came to be on your premises;
the nature of your premises;
whether you knew, or ought to have known, that people were likely to be on your premises;
the age of the injured person;
the ability of the injured person to appreciate the danger; and
how difficult or expensive it would have been for you to fix the thing that caused the injury, or to protect people from it.
Entry onto land
Chapter: 6.4: Neighbour disputes
Contributor: Peter Cotter, Mentor and Lawyer, Leo Cussen Centre for Law
Current as of: 1 September 2024
Law Handbook Page: 520
Next Section: Fences
