There has been a rise in claims against strata complexes for alleged injuries sustained on properties.
Strata complexes may seem like easy targets as there is perceived pot of money sitting in strata bank accounts through levies paid by owners and everyone knows that strata must hold appropriate insurances for such claims.
Consider the example of a damaged speed bump on common property. In this case, a person visiting the complex tripped over a damaged speed bump on the roadway within the complex and suffered a broken wrist. The person was injured, the speed bump was damaged at the time of the accident and the person was awarded a payout.
With the speed bump damaged it could be argued that the committee has not fulfilled their duties on behalf of the body corporate to keep the site in a good condition and free from safety hazards and the body corporate and it's committee are open to legal action.
How can strata corporations and their committees protect themselves?
1. Dont hide from issues
2. Get a professional safety audit conducted
3. Model themselves on the world's largest owners of Real Estate
While many owners think having a safety audit is a waste of money, the audit will identify possible hazards and a means of rectification for the corporation to the then undertake works.
Anyone who has been to or driven past a McDonalds, service station or shopping centre will have seen the yellow markings on everything that is not moving. This is done to make it very clear to all persons using or travelling through the areas that there may be hazards.
These companies understand the cost involved in paying out for an injury or fighting the case. It is much cheaper in both dollar terms and human suffering to take safety seriously and spend a little to ensure a safe common area.
Thank you to QBM Pty Ltd for allowing us to post this extract of their article titled "strata- the target of ambulance chasing legal companies" originally published on their website where you can read it in full at qbmstrata.com.au or by clicking the picture below: