Here are some interesting facts about public liability claims in New South Wales:
Nature of Claims
Public liability claims typically arise from incidents in which a person suffers injury, loss, or damage due to the negligence of a third party, such as a business or individual. Common incidents include slip and fall accidents in supermarkets, accidents in public places, or accidents on commercial premises.
Cost of Claims
Public liability claims can be financially significant. Large settlements and payouts can occur, especially in cases involving severe injuries or injuries with long-term consequences. Most businesses hold insurance to protect them from the financial impact of a successful public liability claim.
Impact on Claimants
Depending on the nature and extent of personal injury, loss and damage, public liability claims are often traumatic and life-changing events. Ongoing medical treatment expenses and the loss of income can have disastrous financial ramifications for injured parties. Financial recompense is essential for the person to move forward with their life.
Industry Variations
Certain industries, such as hospitality, retail, and construction, often face a higher number of public liability claims due to the nature of their operations and the frequent interaction with customers and members of the public. This trend emphasises the need for these industries to maintain robust risk management strategies.
Role of Public Liability Insurers
Public liability insurance is essential for businesses and individuals, to protect themselves from the financial consequences of a public liability claim. Insurance covers legal costs, settlements, and compensation payments, providing a safety net for the general risks associated with operating in a public domain and hosting events and guests/customers.
Impact on the Legal System
Public liability claims make up a significant proportion of common law claims in NSW courts. Effective resolution of these claims requires a balance between reasonably compensating injured persons while managing the financial impacts on businesses, individuals and insurers.
There is a mutual obligation on parties to public liability litigation to explore alternative dispute resolution and avoid court hearings where possible.
Negligence and Liability
Public liability claims will usually rely on the legal concept of ‘negligence’ where an injured party must demonstrate that the defendant (responsible individual or entity) owed a duty of care, breached that duty of care – and the breach(es) caused, or materially contributed to, the injury, loss and damage the subject of the claim.
Public Awareness and Education
Increased public awareness about personal rights and recourse to compensation has contributed to a rise in public liability claims over the past 20 to 30 years. Individuals are now much more informed about their individual rights and entitlements and are more likely to pursue legal action when they believe they have an arguable case.
Preventative Measures
In response to the rising number of public liability claims, businesses and public institutions have increasingly focused on preventive, safety measures and risk management strategies. This includes regular maintenance, safety training, and implementing safety protocols to minimise potential risks of personal injury and death.
Public Liability Claims outside NSW
The claims process for public liability claims varies across the different jurisdictions within Australia. Each State and Territory in Australia has its own unique legislation and common law, which dictates the procedural and substantive considerations applicable to public liability claims. In this regard, it is always best to contact a lawyer practising in the State or Territory in which a personal injury occurred.
If you or your loved ones have suffered personal injury and harm as the result of someone else’s negligence, please do not hesitate to contact us online or by phoning (02) 4050 0330 to secure an obligation-free consultation with a specialist personal injury lawyer.
