Liability of stairlift VvE: What to do?

Questioner

We want to install a stairlift with five tenants in an apartment complex of 10 apartments. We are setting up an Association of owners of the stairlift for this purpose. The stairlift will be placed in a common area (the stairwell). Is the liability of owners and guests who will use the stairlift covered by private liability insurance? And if not, (how) can such liability be insured?

Lawyer

Since this is a 'common' you are obliged to hang a sign at each entrance with 'enter at your own risk'. Should accidents occur, you are liable for the sake of completeness. with a recourse claim to the installer of the stairlift. However, you do have a duty of care that everyone can use this stairlift safely.

Questioner

The question was actually: does this liability fall under the WA private? My insurance does not want to cover it under this heading because the whole thing is not in the private residence.

Lawyer

You must apply for a WA insurance for a VvE, because you are dealing with the stairlift in VvE form. Everything else I have told you is because you are using a 'common space'.