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Unsafe leased residential premises: a landlord's liability in negligence to injured occupants
journal contributionposted on 2002-01-01, 00:00 authored by Sharon ErbacherSharon Erbacher
This article examines the law relating to the liability of landlords in negligence for unsafe residential premises, focusing in particular on the recent High Court decisions in Northern Sandblasting Pty Ltd v Harris and Jones v Bartlett. The author concludes that the High Court in Jones v Bartlett has placed sensible limitations on landlords' liability, by limiting liability to defects in the premises that were known or ought to have been revealed on a reasonable inspection by the landlord. The author points out that there are compelling policy considerations supporting the court's conclusion in that case that the landlord should not be required to arrange for the premises to be inspected by expert tradespeople.