Austin Risk Solutions Insurance Brokers

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Liability Claims in Building Insurance - Part 1

Over the next few newsletters we will be focusing on liabilty in respect of our building policies.

In Part 1 we will look at the concept of liability relating to building insurance.

Liability claims arise when a third party (for example a visitor, contractor, tenant or neighbour) suffers injury or property damage and holds the body corporate or building owner legally responsible.

Important to remember - the mere fact that an incident occurs on the insured property does not automatically make the body corporate or building owner liable.

Simply put, for the claim to succeed, the person bringing the claim must show that:
someone did something, or failed to do something they should have,
the action (or inaction) was wrong,
the person was careless or at fault,
the action (or inaction) directly led to the loss or damage
there was real harm, like property damage or personal injury.

In Part 2 of this newsletter we will look at some examples of potential liability claims.