"Tenant Awarded $1.2M Payout For Back Injury" 

The Supreme Court in Brisbane was told Donna Muir, now 45, had fallen in the hallway of a house in Chatswood Hills in December 1990. She landed on the bathroom floor and sustained a serious injury.

Ms Muir sued the owner of the rented house, claiming her injuries were caused by the Landlord's or their Agents' failure to take reasonable care for Ms Muir's safety.

Ms Muir claimed that the carpet had been allowed to remain in a dangerous state, that it had not been repaired after requests to do so, and that no interim measures had been taken to ensure that the carpet could not be tripped over.

Justice John Helman found that, by failing to replace or repair the hall carpet at the entrance to the bathroom, the Landlord had failed to provide and maintain the house in good tenable repair. He said the Landlord had therefore exposed Ms Muir to a risk of injury.

He noted that Ms Muir had continued to have chronic back pain and from time to time had been admitted to various hospitals.

Justice Helman gave judgement for Ms Muir against the Landlord in the sum of $1,248,402.

(extract from Brisbane Courier Mail, 23 June, 2003)

NOTE: any asset protection measures are not effective against any current proceedings, or against claims or potential claims, of which the person seeking to employ such measures is currently aware. Under the Bankruptcy Legislation, such asset protection measures may not be fully effective against claims of litigation for fifty four (54) months and possibly longer.

Fortress Asset Protection has not provided any tax advice, insurance advice, financial product advice, investment advice, legal advice or financial services advice in supplying this information to you.

© Copyright Fortress Asset Protection, 2005-07