Public liability claims arise when a person has suffered injury, loss, and damage as the result of someone else’s negligence. Despite the word ‘Public’, injuries and loss suffered which may be the subject of a public liability claim need not have occurred in a public place.
The types of public liability claims include injuries sustained as a result of:
- Trips and falls in publicly owned spaces
- Slips and trips in supermarkets, shopping centres and other retail areas
- Intoxicated patrons in licenced premises
- Physical or sexual assault
- Unsafe premises where you are an invitee
- Faulty and dangerous products
- Sporting and recreational activities;
- Dog bites and animal attacks
What can I claim for?
Suffering an injury as the result of someone else’s negligence can have devastating financial effects on you, including the inability work, and large bills for medical and treatment costs that may not be covered by Medicare and Private Health Cover. It will often also impose a huge personal toll on you physically and emotionally.
Subject to meeting certain legislative thresholds, awards of compensation in public liability claims are usually in the form of lump sum compensation made up of the following “heads of damage”:
- Past and future medical and treatment costs
- Past loss of income and future income earning capacity (including superannuation)
- The costs of gratuitous and commercial care
- Non-economic loss for pain and suffering, and loss of enjoyment of life.
How do I make a claim?
You should consult a lawyer with experience in public liability claims. The process will usually involve:
- An investigation into the claim – if necessary, this may include conducting a site inspection, obtaining clinical notes from treating medical practitioners, and sometimes obtaining expert liability reports.
- You may be required to undergo examinations by medical specialists to assess the nature and severity of your injuries and disabilities
- If it appears that the claim has reasonable prospects of success – that is, likely to result in a successful outcome (payment of money), your lawyer may to attempt to resolve the claim with the person/entity at fault before commencing legal proceedings.
- If the matter does not resolve at that stage, the lawyer will take instructions to commence proceedings in Court.
- The parties will be required to participate in settlement negotiations before the matter is listed for hearing before a Judge – with the vast majority of matters proceeding to settlement at this stage.
- If settlement negotiations are not successful, the matter will be listed for hearing in Court where a Judge is required to make various decisions including whether a duty of care was owed to the claimant, whether that duty of care was breached, whether the claimant’s injuries were caused by that breach, and how much money you should be awarded as compensation.
Is there a time limit on making a public liability claim?
Time limits apply in public liability claims and you should obtain legal advice as soon as possible.
Generally, you have three (3) years from the date of injury within which to file in Court. Given that it may take several months to sufficiently recover and then for your lawyer to prepare your public liability claim, it is important to seek out specialist legal advice as soon as you can.
If you or your loved ones have suffered an injury and would like to know more about making a public liability claim, our team of expert personal injury lawyers would be pleased to meet with you for an obligation-free consultation, to advise you on your options.
You can either call us on (02) 4050 0330 or book an appointment online.
