25 October 2023 , 09:34
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An Australian renter is suing her former landlord for alleging that falling through a wooden floor at the property caused a miscarriage.
The unnamed 35-year-old woman from Melbourne, alleges she misstepped and fell through a hole in the floorboards that she claimed a repairman had partly patched up using cardboard. Fire Rescue Victoria said they spent 35 minutes cutting the woman from the floor in the rental home in April this year. She claims as a result of the fall, she suffered a sprained ankle, back injury and concussion. She also later found out she had allegedly been pregnant and had suffered a miscarriage.
The hole when it had been 'fixed' using cardboard and tape (Slater and Gordon)However, Womens Health Australia says the old wives' tale of falling down to cause miscarriage is in most cases, simply not true. It explains: "The amniotic sac, which contains fluid, acts as a protective barrier. However, if you do fall, you should see your doctor, as they may want to check the baby, and you may want the reassurance that everything is okay."
The woman who had the fall claimed: "I was unconscious when my dogs woke me up. I had rice on the stove before I fell. The cooker was on fire. Prior to that, in 2020, I had a massive tumour removed from my uterus, so they said it was near impossible to get pregnant. When we found out I had a miscarriage, that's what hit me the hardest, I think."
The woman, who is preparing to lodge her lawsuit in the County Court of Victoria, said she has ongoing psychological issues and her partner had lodged repeated repair requests prior to her fall. Her lawyers also say the requests were "seemingly ignored' until a repairman covered the hole with cardboard and tape."
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Public liability specialist with the firm, Jackson Pannam, said the alleged breach of a duty of care was "fairly egregious" and that they were unsure "on the extent of her psychiatric injuries at this stage." The pair later stopped paying rent and were then evicted from the property. The estate agency Love&Co has said some of the tenant's allegations are untrue and claims that there was no hole in the floorboards when an inspection was carried out ahead of the couple moving into the home.
The woman's partner first moved into the property in April 2021 and raised the first complaint via email in September of that year. He allegedly wrote in an email: "They likely need to be replaced as they are both a tripping and falling hazard for us." Further repair requests were sent in 2022 and 2023 after the woman moved in with him.
A building inspection report commissioned by Slater and Gordon in July this year found the property had poor stormwater drainage leading to structural cracking, a sunken kitchen foundation and unlevel flooring. The woman is suing for "pain and suffering" from her injuries along with out-of-pocket medical expenses and lost revenue from being unable to work as a family lawyer since the fall.
The Mirror contacted Love&Co for comment.