If an accident occurs in commercial or residential premises, the
injured person may often look to make a compensation claim against
the owner or occupier of the premises.
The claim may allege that there has been a failure by the owner
or occupier to take reasonable care to avoid a risk of injury which
was foreseeable and which may have been prevented.
It is often the case that an owner of commercial premises has
appointed a managing agent to be responsible for the state of the
premises. An owner of residential premises leased to a tenant may
have appointed a real estate agent to assist in the management of
aspects of the premises and the lease.
Depending on the facts of the case, the owner of premises may
have a claim against the managing agent or real estate agent. Much
will turn on the terms of the agency agreement between the owner
and the managing agent and whether the managing agent has failed to
comply with obligations under that agreement.
