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?
For information on some of the most common types of claims refer to our pages on:
- Slip and fall injuries such as in a supermarket or shopping centre
- Injures in rental premises, due to unsafe premises or faulty workmanship
- Sporting injuries
- Amusement park injuries
- Physical and sexual assault
What are the requirements for a successful public liability claim?
For a successful public liability claim you 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 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 or private place?
It is important you gather evidence as soon as possible after you have suffered an injury or accident in a public or private place.
- Seek medical treatment immediately and keep any medical reports
- Report your injury to the manager, security or owner of the public or private property and ensure a written record of your injury is completed.
- 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 can be compensated?
There are 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 a wheelchair 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.
Are there any time limits to making a public liability claim for compensation?
Time limits apply when making a public liability claim and we will need to build as strong a case as possible to help obtain maximum compensation for your loss. Time limits also differ from state to state. We recommend you contact us without delay and we will ensure deadlines aren’t missed.
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. Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our expert lawyers for a confidential and obligation-free consultation.