Can I claim compensation if I was injured on holiday in NSW?

In the unfortunate situation that you injure yourself while holidaying in NSW (e.g., slipping on the floor or falling ill due to food poisoning), you may be able to make a public liability claim.

What is public liability insurance? 

To run a business, public liability insurance is critical. It takes care of instances where a general member of the public sustains an injury due to the negligent activity of a business. For instance, you are on a tour and you fall down the stairs – any injury you suffer as a result of this incident may entitle you to a personal injury claim.

How much does public liability insurance cover? 

Where a business is involved with customers in public spaces or private premises, there is always a possibility of a personal injury claim. This is why many businesses get public liability insurance cover. What it covers depends on the nature, size and type of business, and the level of cover the business has obtained. Insurance companies provide varying levels of cover, from $1 – $20 million. 

Public liability insurance will not cover employees, as it is cover for accidents or injuries to entrants of the premises as a result of negligent activities of the business. Public liability insurance may also cover any accidental damage to property.

How to make a successful personal injury claim

Business owners have a duty of care to those who enter their premises. This also includes customers like you, who may be on holiday while within the business owner’s establishment. 

To make a successful personal injury claim, it is important to gather all the relevant information. Keeping a journal, for instance, is a very helpful tool. You can record when the injury occurred and its recovery process. 

You should also keep a record of:

  • Any medical and treatment expenses
  • Loss of earnings
  • Additional support required for a full recovery

To be successful with a personal injury claim, there are a number of elements you will need to prove. To do this, you will need to compile the relevant evidence. 

In particular, you will need to show:

  • The business owed a duty of care to you
  • The business breached the duty of care
  • You sustained injuries as a result of the breach

If there were any witnesses at the time of the injury, you should make efforts to take down any names and if possible, a statement from them describing the events leading to the injury. These statements can greatly assist with proving the negligence of the business and showing that your injury was a direct cause of that negligence. 

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Public liability and personal injury claims come in all forms. If you have sustained a personal injury during a holiday as a result of negligence, you may be entitled to compensation. The expert public liability lawyers at Masselos & Co can give you the assistance you require. Book your free consultation today.

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