Hey Ozbargain,
I was inspecting an apartment and managed to trip over the carpet and end up cracking the glass on a sliding door with my knee.
Should I be liable to pay for the replacement?
What do you think I should do?
Tripped and cracked glass during apartment inspection, liable?
Poll Options
- 71Yes, pay the full amount
- 35No, the real estate agent should cover it
- 9Work something out with the vendor
Comments
Nonsense. Owner negligence has put the OP in an unsafe environment resulting in injury to his knee. OP needs to get a medical assessment and get a lawyer to write a letter of demand for your ongoing physio.
Getting OP to pay for the glass isn't even a consideration.
ps the agent is never going to pay for anything.
So the correct answer is option c.
Owner negligence
Any proof?
unsafe environment
Did anyone else fall?
ongoing physio
Completely falsified
You broke it you fix it, i don't understand why you're asking Ozbargain Police
Sometimes this forum is dumb Whirlpool.
Wow you must be really strong if your knee can broke the glass. If i was you i will be the one who ask for damages as it was quite dangerous and the consequences could have been worst…sorry that you were so unlucky but maybe a quick call to insurance might give you an idea who is liable. Good luck
What a great first post!! Welcome to Ozbargain
Some how people interpret 'OzBargain' as a place for tight-ass adults that struggle to own responsibility.
That's why I joined. Is this the wrong site?
If they look at the forums it's a fair assumption.
No way do you pay.
You tripped on a hazard. The owner or occupier has a responsibility to ensure the safety of all visitors to the property.
Their insurance should cover it.
If the agent contacts you looking for compensation tell them you are glad they contacted you because you actually ended up injuring your knee quite badly and want to make a claim on either the tenants or owners home insurance. Then ask for a copy of the incident report the agent would have filled out to comply with WH&S law.
That should be enough to scare them off.You tripped on a hazard.
Unless the carpet was damaged or not secured to the floor properly I don't see how it was a hazard.
OP makes no mention that the carpet was damaged.
I'm guessing there was a transition from floorboards /tiles to carpet and that's where the fall occurred.
probably should’ve mentioned it was a rug/carpet
It was a hazard cos they tripped on it
Rugs and carpets are documented trip hazards
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3591732/
https://www.safeworkaustralia.gov.au/system/files/documents/…Is the op over 65? :)
@[Deactivated]: The op is looking for input because they are probably worried about receiving a demand for payment for the damage.
I’m trying to give them an angle to avoid paying.
You seem to be judgemental of the op’s situation and critical of my contributions.
I don’t think that’s a helpful or objective viewpoint.
I also don’t think it’s in the spirit of the ozbargain community.
I don’t understand why you would actively discourage anyone from contributing just because they don’t agree with you.
I’ve tried to help and I’ve said everything I want to say to the op so I won’t contribute any further.
You see if you can keep your ego in check and do the same@Meho2026: I'm not trying to discourage contributions or other opinions. I want others to challenge my angle just like I'm willing to challenge others. Apologies if I upset you.
@Meho2026: OP didn't ask how they can get out of it - they asked what they should do. To some people, doing the right thing is more important than being cheap. You're giving op bad advice. We're discouraging bad advice.
@HighAndDry: I totally disagree. The owner has a duty of care, and somebody tripping in your home will be a claim on your insurance, never a cost to the visitor.
It seems no personal responsibility anymore and people wonder why insurances keep increasing
@Gandalf the Thrifty: Judging by the majority of comments and upvotes to comments (not votes), I think it's best to never invite an OzBargainer into your home.
@Gandalf the Thrifty: Personal accountability is one thing, but your suggesting we go down a road where it's my problem if construction workers drop a tool on my head, a golf ball hits me as a pedestrian etc. Duty of care has it's place too.
I think they have a term for this kind of argument.
This is where you should be crying "strawman".
In OP's scenario, the rug was there. I know we didn't hear the rug's side of the story but we will assume the OP moved into the rug.
construction workers drop a tool on my head, a golf ball hits me as a pedestrian
These examples have an object projected by someone else. Also, the tool doesn't belong in mid air being pulled by gravity, and a sidewalk isn't a driving range.
The rug was presumably on the floor.
where it's my problem if construction workers drop a tool on my head, a golf ball hits me as a pedestrian etc.
Did either of these things happen?
@HighAndDry: Yeah it was a big deal a while back when somebody was hit by a golf ball and council had a footpath going past a golf course. Heard all the same arguments then - some saying pedestrian needs to be aware.
And a mate recently lost some work coz a site closed down to investigate how a tool fell in an area that could have been manned.
They are real issues and above my pay grade to resolve. It isn't as easy as "take responsibility for your own safety".
@SlickMick: No, but these are really bad examples compared to the present case where OP is the one who tripped over carpet. And OP hasn't mentioned at all that it was a tripping hazard - rugs and carpets are common things in houses. Unless there's something more, you're jumping to conclusions by saying it might be a tripping hazard.
I hit my knee on the side of my coffee table. It's now a hazard.
I choked on some dry biscuits. It's now a hazard.
My eyes get wattery because of the wattle trees. It's now a hazard.
Let's examine each and look for someone to sue. We'll start by implying greater injury to stimulate concern.
@[Deactivated]: it's taking exaggerated examples and trying to imply that the conclusion gained from your extreme cases should also apply in this case.
If you tried it in a debating class you'd be schooled over it.If you tried it in a debating class you'd be schooled over it.
Really?
Oh, and what if you brought up irrelevant examples like:
where it's my problem if construction workers drop a tool on my head, a golf ball hits me as a pedestrian etc.
ended up injuring your knee quite badly
Better have medical evidence to back this up. This is why insurance companies have inspectors and don't just handover money blindly.
I didn’t suggest a claim is actually submitted
I suggested the implication of submitting one is madeYou want OP to lie to get out paying for damage they caused. Let's not mince words shall we?
Unless it was a clear hazard then I disagree.
Be honest OP were you browsing OzBargain at the time of incident or on your phone in general?
If someone walks up the stairs in my house looking at their phone, trips and hurts themselves or dents the wall falling into it, why is that my responsibility?
It was cracked before you hit it. Was bound to happen sooner or later. Let someone else pay for it.
Looks like the home owner might be liable
https://www.reisa.com.au/publicinfo/steps-in-the-selling-pro…
of course. That's part of the reason we can't afford to not have insurance. There is a fine line between personal responsibility and duty of care, and as unfortunately as it may be, if that line isn't obvious, then it will be lawyers or insurance assessors that decide.
You should ask them for compensation for the trip hazard. They will stop asking you for money very quickly then.
Consider the question from the other perspective. You own a property you're trying to sell. Someone comes in and breaks your door. Do you think you should have to pay?
It will be in the fine print with most agents that property inspections are at the owners risk and the owner accepts all responsibility..
I'm not sure about the fine print, but that is an agreement between vendor and agent. Any such clause will be to absolve the agent of any liability.
Consider from this perspective: who would inspect your home if you put up a sign indicating that all risks are on the inspector?
I would assume plenty. When I go into an open home I expect that if I damage something I would be liable. So it wouldn't change anything for me. I doubt I would be alone in this.
how do you trip on carpet? was it sticking up and a trip hazard? if so then they are liable and if you had hurt yourself you could sue them.
if you tripped over just from being unco then i dare say you should pay the excess on an insurance claim by them.
pony up the bucks and pay for the damage you did.
whether accidental or not your broke it you're responsible
Use the damage to negotiate a reduction in the price of the apartment. Then use your homeowners insurance to fix it. Boom you just saved some cash.
My friend inadvertently damaged another person’s property outside of her home. It was covered by the legal liability insurance of her contents insurance. I think you are responsible and the home owner has the option to pursue you civilly. I don’t see why they should pay to repair damage you caused.
she was able to claim it through her contents insurance?
Yes, the person who’s property she damaged worked for an insurance company and told her this. Their is a little known clause in most contents insurance for legal liability that covers you if your inadvertently damage someone else’s property.
It’s part of the risk property owners carry when they have visitors. Unless the agent tries to turn it into a deliberate (criminal) action and reports it to police, it will be left with the property owner to fix. As it should be. Visitors can not be held liable for breakages etc, that may well have occurred due to deficiencies/risks in the property, like a tripable rug, a sticky door, a slippery surface, etc. Same applies to shops, workplaces, etc.
The tort of negligence is complicated and subject to statutory change depending in your jurisdiction.
If you want a real answer, pay for it.
"It's complicated to exercise your rights. Cave and pay despite not having done anything wrong, and possibly also being injured."
No, that's why they have experts to handle these matters
Sorry my response may have been unclear. What I meant was, if you want a real answer (aka professional legal opinion), pay for a real answer (get professional legal opinion).
Sorry, my bad - I thought you were saying too hard - pay for the glass :)
What's come of society when people avoid personal responsibility and attempt to shift the blame? This is a wider societal problem but it's a bloody shameful attitude and the fact that there's people on here who are advocating this position is disgraceful. What happened to the morals and ethics our grandparents espoused?
You had an accident and damaged someone else's property. Be a responsible adult and don't wait for them to persue you, you should take the appropriate and immediate steps to repair or replace the damage you caused and stop looking to shift the burden of responsibility.
As a discussion point, doesn't that attitude also absolve the home owner/agent of any responsibility?
If a visitor comes to your home, and drops a glass, do you expect them to pay for said glass? How about a cleaning fee to remove the red wine stain from the carpet?oh hold on. Unless I gave them a slippery glass or didn't give visitor an opportunity to wash greasy hands or something, I don't think I failed my duty of care. Visitor should pay in this case. However, I'd rather my visitors feel welcome so I'd wear it. Accidental damage cover on the insurance allows you to keep a friend.
But definitely this society has issues with everybody seemingly having polarised views. One team says a person is responsible for their own safety and the consequences of their actions and apparently suggest that duty of care laws should not exist. Then there are those looking for every opportunity to sue.
No-one likes it when a trespasser gets to sue a homeowner for creating an unsafe environment to trespass, but I'd rather have our laws than not have them.
Who else would OP blame unless they can prove negligence in some way
You are liable. Accidents happen. Take ownership of it. Learn from it. Move on.