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My partner and I had planned and paid for a trip to Japan, Switzerland (scenic trains) and Hawaii. For my partner it was a once in a lifetime opportunity to be with her 2 daughters as they jointly toured Japan. Our unit block commenced works replacing the floor tiles on the entry to the unit block.
The strata committee used volunteer labour to remove the old tiles right up to unit block entry door. Someone on the comittee had the idea or using a soft rubber matter rather than plywood to cover the now even surface. Emails notified of the works but warning signage and barriers to direct everyone to a safe path was none existent.
Nine days before we were to travel, my partner broke her ankle when she stepped on the matt and found no support. We attended hospital who confirmed ankle was broken. Even with a moonboot on my partner was in considerable she was told to limit any movement. The pain relief tablets could not provide relief for the full 24 hours.
We have been advised we can only claim medical costs against unit block insurance but not transport costs, nothing for the 6 weeks of being in pain, or being disabled for 6 weeks because they can only be claimed for periods beyond 6 months. Can separate legal action be taken against strata for the things we cant claim on insurance?
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Can separate legal action be taken against strata for the things we cant claim on insurance?
I am not any kind of lawyer, let alone a personal injury brief, but this does point up a common misconception in strata living: In a nutshell, a strata scheme’s liability is not limited by the extent of its insurance cover.
In other words, your block may only be covered for the absolute minimum legal requirement under strata law, but it may have liabilities beyond that. Or the insurer may put a limit on the amount that it will pay under specific circumstances.
However, if the scheme is legally responsible for damages beyond the level of its cover, it still has to pay. Your real problem in this situation could be that the cost (in legal fees and time) of pursuing full restitution amy outweigh any financial benefit.
Chat to a lawyer. Many will give you a free 15-minute consultation to let you know your options and the likely outcome.
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