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Compensation Lawyers

What is Public Liability?

Public liability is an area of law that covers a wide range of accidents and injuries that may have occurred as a result of another person or company's negligence or failure to take reasonable care.

If an accident occurred on public property such as a street then it is a public liability case.


What is Occupiers Liability?

If the incident occurred on private property, such as a house, or in a shop, supermarket, school, library, restaurant, etc then it will be occupier's liability.

The laws in relation to public and occupiers liability law are complex and vary vastly between the States and Territories in relation to what needs to be proven for a claim to succeed and if a claim succeeds to what you may be entitled. One point that is uniform across the Country is that Councils, shop owners, shopping centres, etc. are required by law to have insurance in place to any responsibility that may arise from an injury being sustained on their property or as a result of negligence.

 

Examples of public / occupiers liability accidents

Below is a list of a few different examples of accidents that should or may be covered under public and occupiers liability insurance are:

  • Slips, trips and falls in supermarkets, shops, offices, swimming pools, etc
  • Trips on pathways, streets, etc. on Council or private property
  • Accidents that occur at school, college or university
  • Recreational or Sporting accidents
  • Physical/sexual assault
  • At a company premises
  • Animal attacks
  • At a sports or musical event, display, etc.

Here are a few more in-depth examples

A woman was out shopping at a shopping centre, the client slipped on a puddle of water on the floor of an aisle, causing her to fall to the floor. The water was leaking from a freezer and there were no warning signs. The client suffered a broken leg and ankle and had to undertake surgery, which resulted in her being off work for 12 weeks.

The mother rang in relation to her child who had been injured at day-care child. The child had tripped over a broken section of a 'play house' causing him to multiple breaks to his arm. It was also noted that there was no soft fall flooring.

Whilst in a supermarket a large glass door on a display shattered and the client was impaled by a large piece of glass. The client required surgery to remove the glass which left major scarring on her body.

These are simply some of the many circumstances of how injuries are sustained daily and you need to ensure you receive the correct information and advice by contacting Australian Injury Helpline on 1800 22 33 63.

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What to do if you have been injured

If you or family members have been injured in an accident on public or privately owned property then you may be entitled to pursue a compensation claim. The first 3 important steps are:-

  1. The incident should be reported to the relevant Authority or Owner
  2. Treatment should be sought for the injuries suffered and you should ensure the health care provider is made aware of the circumstances surrounding the injury
  3. Telephone the Australian Injury Helpline on 1800 22 33 63

What assists you in making a public/ occupiers liability claim

As we all know insurance companies do not like paying out and the onus is upon the person claiming to prove their case. The more evidence you can provide your specialist public liability solicitor to support the claim the better, such as:

  • Photographs and diagrams of the accident location and surrounds
  • Copies of all documentation between you / the injured person and the individual, company or authority involved
  • All medical documentation available, always ask for copies of documents or x-rayed evidence of your injury
  • The contact details for all people, companies or authorities involved, including witnesses to the incident

The more information you can provide the better, the specialist public liability solicitor is never going to complain you have supplied too much evidence. To get the best results; contact Australian Injury Helpline on 1800 22 33 63.

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Public Liability Compensation Entitlements

The amount to which you may be entitled in compensation varies from State to State and all jurisdictions have different thresholds (minimum severity of injury) which must be met for different items of claim, particularly direct compensation for pain and suffering.

You may be entitled to the following:

  • Loss of wages and superannuation
  • Lump sum compensation for pain and suffering
  • Medical expenses for the treatment received
  • The cost of future care that you require
  • The cost of home modification
  • The cost of Home help required
  • Other miscellaneous expenses, relating to the incident and your injury

The specialist public liability solicitor can advice you on your specific entitlements, which could well include items not mentioned above.

Remember, time limits apply and to obtain a FREE advice and assistance contact the Australian Injury Helpline today on 1800 22 33 63.