If you’ve been injured while staying in a rental property, whether it’s a rental house or a short-term holiday stay, you may feel overwhelmed, uncertain, and unsure about what to do next. What many renters and guests don’t realise is that property owners and hosts have a legal obligation to ensure the places they rent out are safe. And when that responsibility is breached, and someone gets hurt, public liability compensation may be available.
Carbone Lawyers can help you understand your rights, what kinds of injuries may qualify, and the steps you can take to protect yourself. Whether you’re a tenant or a visitor, if your injury happened because a property owner failed to maintain the home, the law may be on your side.
When a property owner can be held responsible for your injury
Property owners and hosts, including those operating through Airbnb, Stayz and similar platforms, owe a duty of care under Victorian law. This duty extends to both tenants and visitors, and it means taking reasonable steps to prevent injuries caused by unsafe conditions.
Importantly, this duty continues after you’ve moved in. A property owner must maintain the property, respond to repair requests, and act on known hazards. If they fail to do so and someone gets hurt, they may be legally responsible for the injury and the resulting consequences. This applies equally to short-stay hosts and long-term rental providers.
Common rental property hazards that cause injury
Rental properties can hide risks. Some are obvious, others less so, but all can cause serious injury if left unattended. Common examples include:
- Broken or loose stairs
- Unstable balcony railings
- Rotten floorboards
- Uneven paving or footpaths
- Electrical faults or exposed wiring
- Loose carpet or floor tiles
Injuries caused by these hazards may include sprains, fractures, burns, head trauma, or long-term mobility issues. Even if your injury doesn’t match one of the examples above, it’s still worth speaking to a lawyer. What matters is whether your injury was caused by a failure to keep the property safe.
You don’t need to be a tenant to make a claim
It’s a common misconception that only tenants can make a public liability claim. In reality, any lawful visitor to a rental property, whether a guest, family member, tradesperson, or short-term holidaymaker, may be eligible to claim if they were injured due to negligence.
If you’re injured while staying in an Airbnb or visiting someone else’s rental, the property owner or host still owes you a duty of care. You don’t need a lease to be protected by the law.
It’s also important to understand that in most cases, your claim would be made against the owner’s public liability insurance, not against the individual personally. These policies exist specifically to provide cover in situations like this.
What public liability compensation may cover
Public liability compensation is designed to ease the financial and personal burden of an injury. If your claim is successful, you may be entitled to:
- Reimbursement for medical and treatment costs
- A lump sum for pain and suffering
- Lost wages or reduced earning capacity
- Reimbursement for care or assistance, even if provided by family or friends
These entitlements can make a meaningful difference during your recovery, especially if the injury is long-lasting or affects your ability to work.
What to do if you’ve been injured in a rental property
Acting quickly after an injury can protect your legal rights and strengthen your claim. Here are the most important steps:
- Seek medical attention immediately, even if the injury seems minor.
- Take photographs or videos of the injury and the hazard that caused it.
- Notify the owner or host in writing, and keep a copy of all correspondence.
- Keep receipts for medical expenses, mobility aids, or other related costs.
- Document your recovery, including how the injury affects your daily life.
These steps not only support your case, they also help ensure that similar incidents don’t happen to others.
Concerned about making a claim? You’re not alone
It’s common to feel uncertain about legal action, especially if the property owner is someone you know, or you’re unsure whether your injury is “serious enough.” Here are some of the most common concerns we hear:
- “I don’t want to sue someone I know.” Most claims are made against the owner’s insurance, not their personal assets. This is why insurance exists, to protect everyone involved.
- “It’s probably too minor to claim.” Some injuries get worse over time. It’s always better to seek advice early, before the injury progresses, or you miss time limits for lodging a claim.
- “I can’t afford legal fees.” With Carbone Lawyers, you won’t pay legal fees unless your case is successful. Our No Win, No Fee policy means you can get advice without the financial stress.
- “This all sounds too complicated.” We simplify the process and take care of the hard parts. Our team handles the paperwork, deadlines and legal technicalities, so you can focus on your recovery.
How Carbone Lawyers can help
Carbone Lawyers has decades of experience in public liability claims, including those involving unsafe rental properties. We understand the laws, the insurance systems, and most importantly, how these injuries affect real people.When you contact us, we’ll explain your options clearly and give you practical guidance. If you decide to move forward, we’ll manage the process, keep you informed, and fight for the compensation you deserve. Contact Carbone Lawyers today.
