If you are injured in a public or private place you may be entitled to compensation.
A public liability claim may arise if you are injured because of someone else’s negligence.
Some examples of situations giving rise to a public liability claim may include:
- Slips, trips or falls in public areas
- Injuries at playgrounds
- Injuries caused by a faulty product
- Injuries at schools
- Injuries at shopping centres
- Incidents at public events
- Injuries at clubs or bars
- Injuries during water sports
- Injuries on private property
A key part of any claim is showing that a duty of care existed between whoever was responsible for the place where the incident occurred and the injured party.
There is a legal obligation to take reasonable care to avoid causing harm to others.
You must then prove fault or negligence on the part of the responsible party.
Most businesses and property occupiers have public liability insurance.
This insurance covers the cost of compensating those who have been injured as a result of the negligence and/or fault of occupiers and / or operators.
Public liability compensation claims are generally made against the owners or operators of the places where the incident occurs.
This means that public liability claims are usually dealt with by insurance companies on behalf of insured parties.
If you have been injured and can prove fault, you may be able to claim compensation for:
- Pain and suffering (non-economic loss)
- Past and future loss of income
- Loss of superannuation entitlements
- Help provided by family members
- Paid care or domestic services
- Past and future medical expenses
The public liability claims process often involves collating material to support your claim including medical evidence.
Reports are usually obtained in relation to the circumstances surrounding the subject incident.
The claims process often involves negotiating with insurers and/or their lawyers.
Throughout the process our aim is to ensure that you will receive fair compensation for any injuries you may have suffered.
Any claim cannot be finalised until your injuries have fully resolved (or you have recovered as much as possible) from your injuries.
Get help from a personal injury lawyer
If you need assistance with a public liability claim, our experienced personal injury lawyer can guide you through the process and help you understand your options.