A landlord is appealing a damages judgement over a fatal fire that killed a tenant. The case could set a precedent for the responsibility of rental property owners in ensuring smoke alarms are functional and the compensation for tenant injuries or deaths.
His family was awarded more than $250,000 in damages after the landlord was found to have been negligent regarding the smoke alarm s at the property.The landlord is challenging the damages judgement in the Court of Appeal and the outcome of the case could have wideranging implications.to avoid paying compensation over a fire that killed a tenant west of Newcastle.
Mr Heafey had been asleep in the lounge room and the smoke alarm had no battery and its speaker disc had been removed. "The defendant's duty at both parts of the obligation to provide operational smoke detector alarms and to exercise reasonable care by inspecting the alarms was called into existence because of the that an alarm was not operational," the judge found.
"It is hard to see how, after all of that, the appellant would remove the speaker disc and battery and then put the cover back on." "She doesn't know if he smoked in the house in those last two days — nobody knows," Mr Turnbull said." opinion was he wouldn't have touched it … it was an opinion she believed, but that doesn't deal with the last two days he was in house alone," Mr Turnbull said.Mr Turnbull said no-one knew which side of the commencement of the tenancy the battery and speaker were removed.
Landlord Fatal Fire Damages Judgement Smoke Alarm Compensation Legal Appeal
Australia Latest News, Australia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Manchester Ariana Grande bombing survivors awarded damages for harassment by conspiracy theoristTwo survivors of a bombing that killed 22 people at the close of an Ariana Grande concert seven years ago have been awarded £45,000 ($AU88,000) in damages after successfully suing a conspiracy theorist who claimed the attack was staged.
Read more »
MMA fighter Conor McGregor raped woman in Dublin hotel, court toldWoman claims civil damages against McGregor and another man, alleging she was sexually assaulted in 2018
Read more »
Wild Weather Topples Trees, Damages Homes in NSW; More Storms ExpectedSevere storms have toppled trees, left homes without power, and caused widespread damage in parts of New South Wales, particularly in Appin and Douglas Park. The NSW SES reported extensive damage, leading to road closures and power outages. Further storms are forecasted for the entire state.
Read more »
Refugees in Australia: Positive Outcomes Despite ChallengesA study spanning over a decade highlights positive outcomes for refugees in Australia, including increased workforce participation and a sense of community integration. However, ongoing challenges are noted, emphasizing the need for better policies to support refugees.
Read more »
Rundle Mall prepares for a busy Black Friday amid retail challengesTo counter the dominance of online shopping during Black Friday, brick-and-mortar businesses in South Australia are gearing up for an intense four-day trading period, offering substantial discounts and extended shopping hours.
Read more »
Elena Cecchettin Challenges 'Rape Culture' After Sister's MurderElena Cecchettin, sister of the late Giulia Cecchettin, spoke out against the societal acceptance of violence against women following her sister's brutal murder by her ex-boyfriend. Elena delivered a powerful message right after learning about her sister's death, calling for the destruction of symbols of a 'rape culture' rather than seeking sympathy.
Read more »