Landmark NSW Supreme Court ruling finds real estate agents liable for injuries during property inspections; Kellie Furner awarded over $1.3M in damages.
BRISBANE, QUEENSLAND, AUSTRALIA, September 14, 2023/EINPresswire.com/ -- The NSW Supreme Court has ruled that real estate agents can be held responsible for failing to take adequate precautions to prevent injuries to potential homebuyers during property inspections. Kellie Furner, wife of rugby league international David Furner, won a significant compensation case following an accident at a home the family was inspecting with a view to a potential purchase.
Background:
Kellie and David Furner were keen to inspect an "Italian mansion" in Newcastle, given Kellie's recent appointment as Community Relationships Coordinator for the Newcastle Knights, where David was an assistant coach. The property, listed with The Agency and opened up to potential buyers by CK1 Realty at Kotara, commanded a magnificent view and seemed to be the perfect relocation option.
The Incident:
The accident occurred on a Saturday afternoon in January 2020. Despite fine weather, a morning shower had left the steep driveway wet. As Kellie stepped onto it, she slipped and fell, suffering serious injuries that led to a bulging disc in her neck and chronic pain. The condition worsened over time, leading to surgeries and significant medical expenses.
Legal Findings:
The case was heard by Associate Justice Joanne Harrison in the NSW Supreme Court in Sydney. It was concluded that both the property owners and the real estate agents failed in their duty to ensure the safety of potential buyers during the inspection. Expert witnesses testified that the driveway's newly painted surface was dangerously slippery when wet, breaching Australian Standards.
Compensation:
Kellie Furner was awarded over $1.3 million in damages, including amounts for past and future expenses, loss of income, and future care.
Implications for the Real Estate Industry:
This case serves as a cautionary tale for real estate agents and property owners. It emphasizes the importance of conducting thorough risk assessments before opening properties for public inspection, particularly when they feature hazards that cause a fall on slippery surfaces.
Expert comment:
David Shannon, an Injury Compensation Expert at Carter Capner Law, notes: "This case is instructive in underscoring the legal responsibilities real estate agents bear towards ensuring a hazard-free environment during property inspections. Failing to take account of risks can result in severe financial and legal consequences."
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For more information, contact:
David Shannon
Senior Associate
mailbox@cartercapner.com.au
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Carter Capner Law
level 18/150 Charlotte St, Brisbane City QLD 4000
1300 529 529
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This press release is intended for informational purposes and should not be considered legal advice.
David Shannon
Carter Capner Law
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