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.
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