Responsible for Tenant Injury

[OneStepCloser]

Hi all,

If a heath and safety issue was identified e.g. broken deck, and the landlord has asked the property manager to fix it, but the property manager did not take any action and the tenant is injured, does the landlord still take full responsibility of injury?

Thanks.

[Wayne]

ACC will cover it

[Perry]

Agree with Wayne. That's what the
no fault, no liability ACC is for.

[flyernzl]

Presumably you mean "asked the property manager to get someone to fix it".

I can't imagine any desk-jockey property manager fixing anything themselves.

[BigDreamer]

I still think the landlord is responsible. Unless if they specifically have given warning about the area (?).

[flyernzl]

Under the OSH act the owner is responsible for identifying the hazards within the site and either eliminating, minimizing or isolating those hazards.

I find it slightly puzzling whenever I see a sign that says something like "Caution - slippery floors".

Whoever puts that up is actually admitting that there is a problem, that they know about the problem, and have decided to do nothing about it.

So if ever an incident happened they couldn't even claim ignorance - they are leaving themselves wide open.

[The Oracle]

Hi all,

If a heath and safety issue was identified e.g. broken deck, and the landlord has asked the property manager to fix it, but the property manager did not take any action and the tenant is injured, does the landlord still take full responsibility of injury?

Thanks.

Hi OneStepCloser

Contracts between property managers and owners have the PM acting as an agent of the owner. Any actions taken (or not taken) are done on behalf of the Owner.

So in this case the Owner would be legally liable to the tenant, or injured party, and would have recourse to sue the PM for non performance of their duties under the contract.

From there, there are numerous variables. If, for example, the PM had in a timely way booked a contractor after having been notified and there had not been enough time elapsed to do the repair, it is unlikely that they have failed in their duty.

Ultimately: Owners of the property carry all of the legal liability. Even if the PM acts illegally and is taken to tribunal, a fine imposed by the court would fall to the Owner to pay.

[jimO]

I find it slightly puzzling whenever I see a sign that says something like "Caution - slippery floors".

Whoever puts that up is actually admitting that there is a problem, that they know about the problem, and have decided to do nothing about it.

So if ever an incident happened they couldn't even claim ignorance - they are leaving themselves wide open.

they have done something, they put a sign up

[flyernzl]

Ok. ammend that to "have decided not to rectify, isolate or minimize it . ." as required by the Act.