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Premises liability covers situations where someone is injured or suffers loss because of a hazard on land or in a building. In Dunedin, as elsewhere in New Zealand, the legal position is shaped by a mix of common law duties of care, specific statutes, and the national accident compensation system. Occupiers - people or organisations who control property - generally have a responsibility to take reasonable steps to keep lawful visitors safe. The law looks at what was reasonably foreseeable and what steps were reasonable in the circumstances.
You may need a lawyer for premises liability matters when the circumstances are unclear, damages are significant, or the other party denies responsibility. Common situations include:
- Slips, trips and falls in supermarkets, shopping centres, restaurants or public places.
- Injuries caused by poor building maintenance - for example, broken staircases, loose paving, or inadequate lighting.
- Accidents on rental properties where landlords may have failed to maintain safe premises.
- Injuries at a workplace or on a site where businesses carry duties under health and safety law.
- Property damage caused by negligent maintenance, tree falls, or flooding linked to poor site management.
- Complex cases involving multiple parties - for example where contractors, owners and occupiers share responsibility.
A lawyer can assess legal options, explain how ACC interacts with civil claims, preserve evidence, calculate damages, and negotiate or litigate on your behalf.
Key legal features relevant to premises liability in Dunedin include:
- Occupiers and the duty of care - Under New Zealand common law, occupiers owe a duty to take reasonable care to avoid foreseeable harm to people who enter their premises. The precise duty depends on the relationship to the visitor and the nature of the hazard, but the central test is reasonableness.
- Accident Compensation Scheme (ACC) - New Zealand has a no-fault personal injury compensation scheme administered by ACC. If you suffer personal injury, ACC normally provides cover for medical treatment, weekly compensation and rehabilitation. Because of ACC, most personal injury claims for damages in civil courts are not available. However, claims for property damage, exemplary damages, or losses not covered by ACC may still be possible.
- Health and Safety at Work Act 2015 - For workplace injuries and incidents at commercial or industrial premises, the Health and Safety at Work Act imposes duties on businesses and other duty holders to eliminate or minimise risks. WorkSafe New Zealand enforces these duties and can take regulatory action.
- Limitation periods and civil remedies - Civil claims for property damage, economic loss and, in limited cases, non-ACC remedies are subject to limitation periods and procedural rules. It is important to act promptly to avoid losing rights to bring a claim.
- Local regulations and building standards - Dunedin City Council bylaws, building codes and maintenance rules can be relevant when assessing negligence or regulatory breaches for premises issues such as unsafe structures, footpath hazards or inadequate drainage.
Premises liability is the area of law dealing with responsibility for injuries or damage caused by hazards on land or in buildings. It asks whether the person or organisation in control of the premises took reasonable steps to prevent foreseeable harm.
An occupier is anyone who has control of the property or the right to control it - this can include owners, tenants, property managers, landlords, businesses, and vacancy-holders who actively control access or maintenance. Control is the key factor, not the title.
ACC provides no-fault cover for personal injuries and, in most cases, replaces the right to sue for compensatory damages for personal injury. You should still register the injury with ACC and seek medical treatment. Legal advice is important if you think there are grounds for a civil claim outside ACC cover, or for exemplary damages or property loss.
Yes. ACC covers personal injury, not property damage. If you suffered damage to your property, loss of income not covered by ACC, or other economic losses, you may be able to bring a civil claim against the responsible party.
If ACC applies, it covers medical treatment, rehabilitation, and weekly compensation for lost earnings under its rules. In civil claims you may recover property damage, economic losses, and in limited situations exemplary damages. General damages for pain and suffering for personal injury are usually not available outside ACC.
Time limits vary according to the type of claim. ACC claims should be made as soon as possible after injury. Civil claims for property damage or other losses are subject to limitation periods set out in New Zealand law - delays can jeopardise your claim, so seek advice quickly.
Gather medical records, photographs of the hazard and injury, contact details for witnesses, incident reports, any correspondence with the property owner or manager, maintenance records if available, and receipts for expenses. Preserve clothing or items damaged. Detailed records strengthen a claim.
Common defences include that the occupier took reasonable steps to make the place safe, the danger was open and obvious, the injured person voluntarily accepted the risk, or that the injured person was partly to blame - contributory negligence can reduce any award. Each case is fact-specific.
You do not always need a lawyer for minor matters, but for serious injuries, disputed liability, complex facts, or significant losses a specialist lawyer is strongly recommended. Many firms offer an initial consultation. Fee arrangements vary - some work on conditional or contingency fees for civil claims, others charge fixed or hourly fees. Always discuss fees and costs upfront.
If the injury occurred on council-owned property, report the incident to Dunedin City Council and to ACC if appropriate. Public authority liability involves additional rules and procedures. Keep evidence and seek legal advice if the council denies responsibility or if there are complex legal issues.
Consider these organisations and resources when seeking help or more information:
- Accident Compensation Corporation - for information on making an ACC claim and what ACC covers.
- WorkSafe New Zealand - the regulator for health and safety at work, relevant for workplace and commercial premises incidents.
- Dunedin City Council - for reporting local hazards, public property incidents, and information about local bylaws and building issues.
- New Zealand Law Society - for guidance on finding a lawyer and understanding legal services.
- Community law centres and Citizens Advice Bureau - for free or low-cost legal information and assistance.
- New Zealand legislation sources and guidance materials - for the texts of statutes such as health and safety legislation and laws governing civil claims.
If you need legal assistance for a premises liability matter, consider these practical steps:
- Get medical attention immediately and ensure the injury is recorded with a health professional.
- Report the incident to the property owner, manager, or relevant authority - for example the Dunedin City Council if it is public property.
- Register an ACC claim if the injury is a physical personal injury.
- Preserve and collect evidence - photos, witness details, incident reports, maintenance records and receipts for expenses.
- Contact a lawyer experienced in premises liability and ACC-related matters for an initial assessment. Ask about their experience, likely options, timeframes and fee arrangements.
- Act promptly - legal and ACC time limits can affect your rights.
If you are unsure where to start, a community law centre or Citizens Advice Bureau can help you understand the immediate steps and how to access legal advice in Dunedin.
