Victoria Legal Aid
Quick exit

Injuries on your property and your safety

If someone is injured on a property you own or rent, you are legally responsible for any injuries suffered. If a dispute with a neighbour makes you fear for your safety there are laws to protect you.

On this page:

If someone is injured on your property

If someone is injured on a property you own or rent, you are legally responsible for any injuries suffered. This includes injuries to friends or tradespeople working on the house.

There are exceptions to this. For instance, people who are illegally on the property will not usually be able to sue for injuries they may suffer.

In some circumstances, landlords can also be responsible if they are not keeping the house in good repair. If they have 'occupier's liability' insurance this should cover injuries suffered by tenants or anyone else using or visiting the property. If they don’t have insurance, the injured person can go to court and make a claim for damages. They will have to prove that the owner was negligent. Get legal advice.

The law will take into account whether or not the cause of the injury was known before the injury happened. For example, an injury caused by a broken step that needed repair is different from an injury resulting from a wiring defect that was impossible to detect.

If a dispute with a neighbour makes you fear for your safety

If a dispute with a neighbour escalates and you fear for your safety there are laws to protect you. You can get a personal safety intervention order if:

  • you have been assaulted, harassed or threatened
  • your property is damaged.

What you can do

You can apply for a personal safety intervention order at any Magistrates’ Court in Victoria. However, if you have a non-violent dispute, the court will encourage you to try mediation. For more information about how to apply see Personal safety intervention orders.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 11 March 2022

In this section

Related links