Typically, these kinds of injuries can occur in a variety of ways such as:
- Slips and trips – such as in supermarkets or on other people’s property.
- Falls down unsafe stairways.
- Injuries caused by people who are not doing their job properly.
- Injuries caused by hidden dangers.
- Injuries that occur because you were not warned about a danger.
- Unsafe or reckless conduct by other people.
- Dog attacks and bites.
- Where someone failed to take adequate care for your safety and you were injured as a result.
- Amusement park and playground injuries.
When these kinds of accidents occur, insurance companies are very reluctant to make any payments, even for small medical expenses, because they usually do not want to admit fault. In these instances the only way to get compensation is to speak to a lawyer with appropriate experience in this area, like our expert public liability lawyers.
A 3 year time limit usually applies to the claims of this kind. However, experience tells us that the earlier you take steps to protect your rights, the better. This is because these claims need to be investigated as soon as possible after the accident; when evidence like CCTV footage might be available, before the site of the incident changes, and when witnesses’ memories are fresh, so you can prove what happened to you.
What you can claim:
Damages in public liability claims are usually paid in a single lump sum when your case is finalised. The compensation included in the lump sum may comprise of:
- Medical and treatment expenses for the past and the future.
- Loss of Income – if you cannot work or have lost income because of an injury suffered in an accident, or you are likely to lose income in the future.
- Care and Domestic Assistance – if you require assistance at home because of an accident, or if you are no longer able to care for someone else.
- Pain and suffering and loss of enjoyment of life.
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What to do if you've been injured due to someone’s negligence
Take photos of the accident area
If possible, you should take photographs of the area where the accident occurred.
You should attempt to identify as many witnesses as possible.
Contact a public liability lawyer
Speak to an experienced public liability lawyer as soon as you can, so further inquiries can be made on your behalf.
FAQ: Public liability claims
Click below to find an answer to these frequently asked questions.
What is public liability?
Public liability is an area of the law that focuses on the protection of people against wilful or accidental injury, loss or damage in places of business or public spaces. This can include injuries caused by things like:
- Slippery floors
- Falling objects
- Tripping hazards
- Unsafe equipment
- Unrestrained animals
- The unsafe or reckless behaviour of other people
- General negligence
- Other hidden dangers
What does public liability insurance cover?
Public liability insurance is one of the main insurance types for businesses in Australia that regularly interact with members of the public. This includes, for example:
- Education providers (e.g. schools, kindergartens, universities)
- Retailers (e.g. supermarkets, , homewares, fashion, groceries, electronics)
- Entertainment providers (e.g. movie theatres, concert halls, sports stadiums, ticket providers, event organisers)
- Hospitality businesses (e.g. pubs, restaurants, bars)
- Other service providers (e.g. hairdressers, beauty parlours)
Having public liability cover protects a business from the fallout of accidentally causing someone injury or damaging another person’s property.
Can you sue a public park?
If you injure yourself on public property, such as parks or public spaces, you may be entitled to compensation if the circumstances that caused your injury should have been prevented by the entity in charge of that area. For example, if you tripped and broke your foot on a path that has been neglected by the council.
How long does a public liability claim take?
How long it takes to resolve a public liability case depends on the specific circumstances surrounding it. Minor cases can be settled within a few months, however, more serious claims will take longer, and may need to be prosecuted in court. Once a settlement has been reached, you could receive your compensation within 28 days.
How long does a slip and fall lawsuit take?
Just like other public liability claims, the duration of a slip and fall lawsuit can vary depending on the nature of the incident and the parties involved. Some cases are resolved within a few months, others may take longer. A specialised lawyer will be able to give you a tailored estimate based on your circumstances.
Your expert team
With over 50 years experience, Masselos & Co Lawyers are experts in public liability law. We know how to best get you the compensation you deserve and we’re ready to do as quickly as possible. Give us a no obligation call today and let us handle the rest.
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