Public Liability

Our specialist personal injury law team is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have the necessary skills and experience in public liability claims to deliver the outcome you deserve.

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If you’re hurt as the result of someone else’s negligent acts or omissions, we’ve got your back.

If you have been injured as the result of someone else’s negligence, you may find yourself unable to work, out-of-pocket and in need of assistance and support. Our specialist personal injury (public liability) lawyers are here to help.

The term ‘Public Liability Claim’ can cause some confusion. Essentially, this is an umbrella term covering a range of personal injury damages claims which arise when someone is injured as the result of someone else’s negligence. Contrary to the name, a Public Liability Claim is not limited to accidents which occur in public places.

In personal injury law, various legal entities and persons could be found to have owed an injured person a ‘duty of care’ depending on the circumstances (e.g. local councils, private companies, event organisers, businesses and individuals). Put simply, we all have obligations to ensure that reasonable precautions are taken to prevent foreseeable risks of harm (personal injury and death) to others (including members of the public, customers and guests).

Making a public liability claim

Where a person/organisation breaches their duty of care and injury is suffered they may be liable in ‘negligence’ to pay compensation to the injured person.

There are numerous circumstances in which a person/organisation may be held liable in negligence for injuries suffered including:

Slip, trip and fall accidents
- Shopping centres slip and fall accidents
- Business premises
- Public spaces – parks, footpaths
- Rental premises
Negligent acts of government authorities resulting in personal injury
Accidents at events, including rides and attractions
Sporting accidents
Accidents at gyms and fitness businesses
Dog attacks

Compensation / Damages

If you have suffered injury, a loved one has been injured or died, or you witnessed a death as the result of someone else’s negligence, you may be entitled to compensation including:

Medical/treatment expenses
Loss of income or income earning capacity
The value of assistance provided to you by family and friends
Commercial assistance (e.g. community nursing and/or paid domestic services)
Non-economic loss for pain and suffering and loss of enjoyment of life

Insurance

Businesses, homeowners, occupiers of premises and public entities are required to hold Public Liability Insurance. This means that compensation is usually paid by insurance companies.

Legal Advice

You should always get independent legal advice, as the insurance company will do all it can to outright reject – or drastically limit the value of – your claim. At The Law Office of Conrad Curry, our personal injury (public liability) lawyers listen, care and will strive to get you the outcome you deserve. We have the knowledge and experience to provide you with piece of mind and drive the successful resolution of your compensation claim.

Frequently Asked Questions

1. Can I make a public liability claim?

You may be eligible to bring a public liability claim if you have suffered injury as the result of someone else’s negligence. Not every accident is compensable. It will depend on:

whether the person/organisation alleged to have been at fault owed you a duty of care at law
whether the duty of care was breached (acts and omissions which caused or contributed to harm)
whether it was reasonably foreseeable that a breach of duty of care could lead to personal injury and/or death

2. What compensation is payable?

If the entity is found liable, then you may be eligible for compensation (also known as ‘damages’), including compensation for:

out-of-pocket expenses (e.g. travel, medication, medical and treatment expenses)
loss of income and income earning capacity
the value of assistance provided to you by family and friends
commercial assistance
non-economic loss for pain and suffering

Please be advised that there are statutory thresholds / limits on the payment of compensation under the Civil Liability Act 2002 (NSW).

3. Can an insurer avoid liability for my claim?

Not every injury is compensable. Persons/organisations can avoid or limit liability where it is established that:

the person/organisation took reasonable precautions to prevent against a reasonably foreseeable risk of injury/harm
you voluntarily assumed the risk, such as undertaking inherently dangerous activities
whether the risk was considered ‘obvious’, and you should have taken better care for your own safety
you were wholly or mostly responsible for the accident
you signed a specific waiver intended to limit or negate a person’s liability in the event of the materialisation of an inherent risk of harm explained to you which you then assumed voluntarily (a good example of this might be playing soccer; where a person is injured by an act which is within the rules of the game).

However, you should always speak to a specialist lawyer about whether any of the above will arguably apply. For example, injury waivers are often held to be ineffective and do not automatically discharge a person’s common law duty of care to take reasonable precautions to prevent harm.

4. How long do I have to make a claim?

In New South Wales, you have three years from the date of injury. In other words, three years from when it becomes apparent that your suffered injury as the result of someone else’s negligence. In most cases, time runs from the date of the accident; and ceases when court proceedings are filed.

5. How long will it take to resolve my claim?

In New South Wales, the courts expect that claimants will not commence proceedings unless and until their case is properly prepared. This means being in a position to substantiate (usually by way of medical and expert evidence) the damages claimed. Most injuries do not stabilise for the purposes of assessment until at least 12 months after the injury/accident. Therefore, most claims are advanced somewhere between 1-2 years post-injury.

Once court proceedings are commenced, an injured person should expect to have their matter resolved, either by verdict or settlement, within 6 – 18 months.

6. Will I need to go to Court?

Not usually. Your case will only proceed to a fully contested hearing if it cannot be resolved earlier by way of alternative dispute resolution (mediation or informal settlement conference). Fortunately, there is an emphasis on alternative dispute resolution in New South Wales, and most cases settle prior to hearing. In the unlikely event that the matter does proceed to hearing, you will be required to attend court and provide evidence, by way of oral testimony.

7. What should I do now?

If you have suffered an injury as the result of someone else’s negligence, you should:

report the incident immediately to the person or organisation who caused or contributed to your injuries
take photos of the place where the accident occurred and of the injuries you suffered
report to your G.P. or nearest hospital and obtain proper medical treatment
contact a specialist personal injury law practice (such as The Law Office of Conrad Curry) to discuss your claim

And remember, once we have analysed the information and circumstances surrounding the event, and we are satisfied that your claim has reasonable prospects of success, we offer to act for you on a no-win, no-fee basis with respect to our professional fees.