What is a public liability claim?
If you’ve suffered an injury in a public or private place which is the result of another person’s negligence, you may be entitled to compensation for your injury. A public liability claim covers a wide range of circumstances, some of the more common ones include injuries that have occurred in the following situations:
- A slip, trip or fall at a supermarket, car park or other place.
- A fall on faulty stairs /escalator.
- Injury caused by a hidden danger such as a hole in the ground.
- Injury by an animal, in particular a dog bite or attack.
- Faulty product (product liability).
- Food poisoning.
- Exposure to chemicals.
- Electrocution /electric shock.
- Falling objects.
Who is entitled to compensation?
To make a successful public liability claim, you need to be able to show negligence. That is, to prove that the owner or occupier of the land or person who made the product had a duty of care towards you and that this duty of care was breached. The fact that you suffered injury by itself is not sufficient for a claim.
There are a number of factors that are taken into account to determine whether someone is likely to be found to have had a duty of care and to have breached it. It is important to consult a public liability lawyer as soon as possible after your injury, to enable the necessary investigations and collection of evidence to occur.
The situation in which you were injured can also impact what you need to prove to be successful with a claim.
What are you entitled to claim?
If you are able to establish negligence, you may be entitled to claim the following:
- Pain and suffering (non-economic loss).
- Loss of income.
- Loss of superannuation.
- Medical expenses.
- Care and assistance around the home and garden.
- Voluntary services.
Who is responsible for paying the compensation?
It is important to ensure that the claim is made against the appropriate party. Sometimes investigations are needed to determine who is actually responsible. This may be the case where the premises where you are injured are rented or where the owner or occupier of the land is not clear. Most of the time, the party will have public liability insurance and the relevant insurer will deal with the claim on their behalf. If they do not have insurance, the claim would be made directly against the party.
What time limits apply?
You need to see a lawyer as soon as possible after you have suffered an injury so they can investigate the incident and provide the proper notification to the person who is likely to be at fault. It is a requirement to put the at fault party on notice of the incident, injury and intention to make a claim within 6 months of it occurring. If a claim has not been resolved within three years of the incident, legal proceedings must be lodged in Court to protect your claim. Different rules apply for children.
Why see a Personal Injury lawyer?
A lawyer can help complete your claim form, explain your rights, and make sure you don’t settle for less than you deserve. Don’t accept an insurer’s offer without speaking to us first – it could save you thousands.
We offer a free, no-obligation first interview (by phone or in person) to discuss your claim and the likelihood of compensation.
No Win, No Fee
If you’re worried about costs, we can help. For most claims we offer a no win, no fee arrangement – meaning you won’t pay us if your claim isn’t successful. In many cases, insurers also cover a significant part of your legal fees. We’ll explain everything up front, so there are no surprises.
What else might I have to pay?
Sometimes there are out-of-pocket costs, called disbursements – things like medical reports that support your claim.
Often, we can negotiate with the insurer to cover these expenses. Where that’s not possible, we’ll help you explore other funding options or set up instalment arrangements, so you’re not left out of pocket unnecessarily.
How Andersons can help
At Andersons, our dedicated personal injury lawyers are here to guide you through the process with understanding and expertise. We’ll fight to protect your rights, support you along the way, and work to secure the best possible outcome.
You’ve got nothing to lose – contact us today on 8238 6666 or email enquiry@andersons.com.au to book your FREE first interview.
To make a successful public liability claim, you need to be able to show negligence. The fact that you suffered injury by itself is not sufficient for a claim.
