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Property Damage - Frequently Asked Questions

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My property has been damaged. Do I have a claim?

If another person causes damage to your property, it is likely you can claim compensation.

The different scenarios in which you can claim are unlimited, but include impact damage to your property, faulty appliance causing damage, tradesmen not properly undertaking works, fires, malicious damage, water damage as a result of burst water mains/sewerage, blocked drains, defective building works and the like.  

Given the many scenarios in which you may be able to claim, we recommend you contact National Compensation Lawyers to discuss the circumstances surrounding your damage.

What is Consumer Law?

The Australian Consumer Law, in these matters, provides protection to consumers (i.e. you) to ensure goods and services supplied to you meet expected standards.

My dishwasher caught fire. Do I have a claim?

Yes.

Consumer Law requires that suppliers, manufacturers and retailers ensure their goods are “fit for purpose”.  

When bringing a claim of this nature, you need to prove that the goods were not as safe as persons are generally entitled to expect.

My washing machine flooded the house. The supplier said it was “out of warranty”. Do I have a claim?

Yes. Warranties supplied by manufacturers and/or extended warranties supplied by retailers are not relevant in these claims. If the appliance was not “fit for purpose” and causes damage, you will likely have a claim.  

A plumber did not properly connect a pipe. It burst. Do I have a claim?

Yes. The contract you entered into with the plumber had an implied term that the works would to be undertaken with appropriate skill and care. In addition, Consumer Law confirms this principal. The fact the plumber (or any other tradesman/contractor) has not undertaken the works properly means you will likely have a claim.  

I bought a “no name brand” cheap television. It caught fire and damaged my house. Do I have a claim?

Yes. A cheap television may not have the features/picture clarity of a more expensive model. It does not however mean that a person expects it to catch fire. The fact that it did likely means it was not fit for purpose.

My insurance will not cover all my losses. What do I do?

Insurance policies are very specific. They have limitations. They often do not cover your full loss. You are entitled to claim your additional losses not covered by your insurance company.

In these circumstances, we recommend you urgently contact National Compensation Lawyers. We will obtain full details. In some situations we will then work with your insurance company in seeking recovery of your losses. Often this will mean a significant cost saving for you.

What are the time periods for seeking compensation?

Depending on the type of claim, there are strict time periods within which compensation needs to be claimed. This can vary from 3 years to 6 or 10 years. In very limited situations, a Court can extend these time periods, however you should not take a chance. We recommend you urgently contact National Compensation Lawyers to discuss your claim with a lawyer.  

In addition to my property being damaged, I was injured as a result of the incident. What do I do?

If you have been injured as a result of your property being damaged, you may be able to claim for both. We recommend you contact National Compensation Lawyers to discuss.  

Consumer Law provides an avenue for those injured by reason of a faulty product or device to obtain compensation.

What damages can I claim?

It is a general principle of Law that in these circumstances, you should, as close as possible, be put back into the position you were in before the incident occurred.

In situations where your property has been damaged, you are entitled to claim the cost of repair to or the replacement cost of goods or property.

Should you have suffered personal injury, compensation can be sought for:

  • pain and suffering/loss of enjoyment of life;
  • past and future loss of earnings;
  • past and future medical treatment; and
  • in some situations, professional, personal or domestic care and assistance.
How do I pursue a claim?

If your property has been damaged by another party, you may have a claim and we recommend you urgently contact National Compensation Lawyers to discuss.

Our lawyers will:

  • obtain all facts and information surrounding your claim;
  • collect information from other parties (for example the fire brigade, police, council and witnesses);
  • if necessary, obtain expert opinion.

This will enable us to provide you with advice about the prospects of successfully claiming compensation.

It is necessary to have expert knowledge and understanding about these claims. National Compensation Lawyers can offer you this.

To make a property damage (or personal injury) claim, obtain further advice or arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).