If you have been injured or had an accident in a public or private place, you may be able to make a claim for compensation. Our team of public liability lawyers have the skill and expertise to guide you through this complex area of law and ensure you get the best possible outcome.
What are some common types of public liability claims?
The most common types of claims are:
- Injuries in public places, such as a slip, trip and fall on a footpath or in a park
- Injuries in private buildings, such as a supermarket or shopping centre
- Injures in rental premises, due to unsafe premises or faulty workmanship
- Injuries caused by animals, such as a dog bite
- Recreational and sporting injuries, like diving, jet-ski or cycling accidents
- Schoolyard and playground injuries
- Amusement park injuries
- Aviation injuries
- Food poisoning and allergic reactions
- Physical and sexual assault
Injury and harm can be physical or psychological or both.
What are the requirements for a successful public liability claim?
Our experienced lawyers must prove:
- Someone else (for example, a person, business, government organisation or local council) breached a duty of care they owed to you; and
- Because of this breach of a duty of care, you suffered injury or harm.
What is a duty of care?
Generally, a duty of care is a legal duty to take reasonable care not to cause harm to another person.
A duty of care is only owed where the risk of harm was foreseeable and not insignificant, and a reasonable person in that person’s position would take precautions to prevent that risk.
These are some common instances where a duty of care arises:
- Health-care practitioners owe their patients a duty of care
- Teachers owe a duty of care to their students
- Restaurants owe a duty of care to their customers
- Manufacturers owe a duty of care to people who use their products
- A landlord owes a duty of care to their tenant
When is a duty of care breached?
A duty of care is breached when harm or damage is caused to a person because of the action or inaction of another person, business, government or council body, and it is reasonably foreseeable that such action or inaction would result in a risk of injury to that person.
What should I do if I’ve been injured or had an accident in a public place?
If you think you have a public liability claim, it is important you gather evidence as soon as possible after you have suffered an injury or accident.
- seek medical treatment immediately and keep any medical reports
- if relevant to your situation, take photos of your injuries
- keep records showing dates of medical consultations
- keep receipts showing any medical expenses
- keep records showing a loss of earnings
- if relevant to your situation, take photos of where you were injured
- keep records of any witness details
As your lawyers, we also obtain evidence for your claim, including medical reports and expert opinions.
What type of compensation payouts are there?
There is a wide range of compensation payouts and they are different for each claim.
If your claim is successful, you may be entitled to compensation for:
- Pain and suffering
- Past and future loss of earnings
- Past and future medical expenses
- Past and future care you may require as well as any other needs like wheelchairs or home modifications
The best way to know what compensation you may be entitled to is to contact us. We can assess your situation and give you a good indication of what sort of compensation you could receive.
Who pays the public liability compensation?
Generally, the insurance company of the party at fault will pay the compensation. This is called public liability insurance. You do not have to worry about finding the details of the insurance company yourself. We have the resources to find these important details.
How much will it cost to make a public liability claim for compensation?
We offer a No Win, No Fee* arrangement for public liability claims because we believe anyone with a claim deserves access to legal representation, no matter their financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful.
For more information on our guarantee to you, don’t hesitate to contact us for a confidential and obligation-free discussion.
Are there any time limits to making a public liability claim for compensation?
Strict time limits may apply to your claim. If you do not lodge a claim within the specified time period, you will need the court’s permission to do so.
To maximise the chance of a successful claim, you should seek legal advice from experienced lawyers as soon as possible.
Contact us to find out more or to arrange a consultation with an experienced public liability claims lawyer in Wodonga.