Sept2014_Warning – Property Owners Duty of Care
We all know how important it is to ensure a safe work place exists and the responsibilities of those who control our work place to keep us informed and up to date of current hazards; but did you know this extends to your home?
A recent court decision (Johnson & Anor V Hancock [2014] QCA 130) provides guidance to all home owners as to the extent of a homeowners obligation to inspect their property regularly to ensure visitors who enter the property, be they friends, neighbours or tradesmen, that all hazards are either identified or eliminated.
In the above case, a tradesman carrying out gardening works fell through an old drainage in-ground inspection lid and received serious injuries; he died a few weeks later from complications that arose.
The court found the home owner would have been aware of the existence of the metal inspection lid as it appeared on searches as an easement during the purchase of the property. Also the court found the home owner should have made the tradesman aware of the location of the inspection lid as works were being actioned nearby.
The court awarded damages of $445,515.90 to the estate of the tradesman and costs.
The court case highlights health and safety does not cease once you leave the work place and it is everyone’s responsibility to ensure the safety of themselves and others, whoever and wherever they may be.
If you are selling your current home or you own an investment property, it is very important to ensure your assets are managed by a property sales and management company that is experienced in property inspections, risk assessments and insurance liability.
Fox & Co Asset Management Division is managed by Craig Corner. Craig is not only a licensed Real Estate Agent, he is also a licensed Builder, Pre Purchase Inspector and qualified Insurance Loss Adjuster.
Craig would be happy to discuss any concerns you may have with your current home or investment property.
As part of our service we carry out a full risk assessment of all our sale and managed properties free of charge.
Please contact our office on 3425 2121 to arrange an appointment.
by Craig Corner, Fox & Co Real Estate.
Tel: 3425 2121
Email: enquiries@foxandco.com.au
