› Flat Chat Strata Forum › Common Property › Safety Nets in windows or balconies – should they be allowed? › Current Page
Children falling from balconies and windows is a serious problem in Sydney and as windows and balconies are invariably common property, it is potentially the responsibility of owners corporations, ie every owner, to address the risk.
The Children's Hospital at Westmead produced a report by the Working Party for the Prevention of Children Falling from Residential Buildings, 2011 https://www.chw.edu.au/parents/…..ing_falls/. The report includes statistics that show that Westmead alone treats two children a month who have fallen from a window or balcony. Many of those kids fall from apartment windows or balconies and given the fact that only 10% of children in Sydney live in apartments, it demonstrates a real, not fanciful, risk. Children who fall from house windows or balconies are likely to fall on grass or gardenbed; children who fall from apartments land on concrete.
It is by no means certain that an owners corporation would be held liable for a child falling from a common property window or balcony, but it is possible. Owners corporations can be liable for injury sustained on common property in accordance with occupiers' liabilty. If the risk is foreseeable and easily avoidable and steps were not taken to remove the risk, an “occupier” (which is the OC for common property), will be liable. The monetary cost of a child falling from a window on to concrete is not one many OCs would like to face.
There are a number of ways of ways to remove the risk. Nets are one. Easily installed locks on windows to ensure that if opened, windows can be secured to an opening of less than 10 cm are another. Removing climbable balustrades is another. Flysceens are not. Ordinary flysceens can never support the weight of a toddler or even baby.
Ultimately OCs can fix the problem whatever way they decide best or they can take the chance that having failed to address an obvious risk, they may be liable.