This article discusses fire rescue damage responsibility, explaining who may be liable for repair costs when emergency services damage an apartment door during a call-out.
Question: Fire Rescue Victoria damaged the door to our vacant apartment when they responded to a nuisance fire call. Who is responsible for the cost of replacing the door?
Our apartment door was damaged when Fire Rescue Victoria responded to a call from an unknown person reporting suspicion of a fire in our unit. The apartment was not tenanted at the time. There was no fire.
Who should pay the $2000 bill to replace the door? Neither the lot owner, resident, nor owners corporation had any involvement in the incident. Who is responsible for the replacement of the door?
Answer: If it is common property, the owners corporation might pass on the cost to the lot owner under the benefit principle.
The first step is to work out whether the door is common property or private lot property, as that will determine whose responsibility the repair and maintenance/replacement is. Then the next step is to see whether the event is covered by insurance and whether an insurance claim should be made. If it is common property, the owners corporation might pass on the cost to the lot owner under the benefit principle.
This post appears in the August 2023 edition of The VIC Strata Magazine.
Leave a Reply