Public Liability
If you have been injured in a public place and it was someone else's fault, you could be entitled to Public Liability compensation. Barbante Personal Injury Lawyers have extensive experience and expertise in this area and can help you pursue a Public Liability claim for the injuries and financial losses you have suffered. Your entitlement to compensation is likely to depend on how severe your injury is and whether it was the fault of another person. You might also be entitled to claim compensation for medical expenses and lost wages. If you are significantly injured, you could also be entitled a lump-sum amount. We can explain the process to you and answer any of your questions.
If you are injured in a public place, try to ensure you contact the relevant authority and lodge an incident report as soon as possible. Also, try to take clear photos of the accident scene as soon as you can and gather details of any witnesses who saw the incident. You will then have three (3) years from the injury date to start your public liability compensation claim.
An injury in a public place can be devastating. Barbante Personal Injury Lawyers are here to help you claim the compensation you are entitled to and deserve.
Frequently Asked Questions
Can I make a public liability claim?
If the negligence of some else has injured you, you may be eligible to claim public liability compensation.
To make a successful public liability claim, you must be able to prove that:
- You were owed a duty of care
- The duty of care owed was breached
- It is reasonable to foresee in the circumstances that the breach would lead to the injury or damage sustained
How is a duty of care breached?
A duty of care can be breached when the occupier or operator of a space or premises is negligent for not protecting your safety in entering and using that space.
What are some examples of Public liability claims?
Public liability claims won by Barbante Personal Injury Lawyers include the following:
- Playground and schoolyard accidents
- Slips and falls in supermarkets and other retail outlets
- Injuries on private property, including rental properties
- Injuries caused by animals
- Boat and water-sport accidents
- Sporting injuries
- Food poisoning
- Bicycle accidents that don't involve a vehicle
- Physical and sexual assault
I’ve just been injured, what can I do?
It is essential that after you have been injured, you contact the relevant authority and lodge an incident report. You should also take photos of the accident scene and gather details of any persons who witnessed the incident. These details are central in ensuring you have a strong public liability claim.
Who do I make my public liability claim against?
The organisation or business that has caused or contributed to your accident or injury may be found liable and legally required to pay you compensation. It is also possible for the organisation or business to be liable for the actions of others. For an organisation or business to be liable, they must be in control of the location of your accident.
Businesses and other (non-domestic) occupiers of premises are required to carry Public Liability Insurance. The Insurance company pays compensation. A person's own home & contents insurance covers public liability if an accident occurs at a private residence.
What am I entitled to?
Your entitlement to compensation depends on the severity of the injury and if it occurred at the fault of another person.
If this is established, you may also be entitled to claim the following:
- Medical costs (including past and future costs)
- Lost income (including past and future costs)
- Pain and suffering
- Suffering and lost enjoyment of life (however, there is a cap on what you can claim for pain and suffering)
- Home help and attendant care
How long does it take?
Only when the injury is considered permanent and stable, you will be entitled to compensation. This is generally one year from when the injury occurred.
After approximately one year from when the injury has occurred, you will be advised to be assessed by doctors. They will evaluate your injury and determine the permanency and stability of your injury.
Depending on the severity of your injuries, you could also be able to make a claim for a lump-sum payment for pain and suffering. This requires establishing that the injury occurred due to the negligence of another person. Once you are in contact with us, we will advise you as to whether or not negligence can be established in your case.
Are there time limitations for a public liability claim?
You have three years (3) from the date of injury to commence a public liability proceeding.
If you are unsure of if you wish to pursue a claim, you should continue to attend doctor and hospital appointments. Once you have received treatment and have a better idea of your condition, you may wish to change your decision and pursue your public liability claim.
The process of your claim
Each Public Liability case is unique due to the medical facts and legal implications. However, there is generally a set of steps that occur within each claim. Our dedicated team at Barbante Personal Injury Lawyers will guide you through each of these steps by ensuring that you get the best possible outcome for your case.
- Contact Us We will listen to your case and give you information to help you decide on the best course of action for your case.
- Meet with your lawyer This is a free initial appointment that will provide you with the opportunity to tell your story. From this appointment, we will gather the merits of your case and discuss the options available to you.
- Collect and review medical evidence We will obtain your medical records to understand the nature of your injury and the effect it has had on your life.
- Obtain expert evidence It is necessary to gather further evidence from an independent medical expert in which they will comment on the standard of care you received.
- File Court Documents Once we have gathered sufficient medical evidence that supports your case, we will then proceed to lodge court proceedings on your behalf.
- Resolution Generally, most medical negligence cases are resolved at a pre-trial settlement conference, preventing the need to go to court. In the rare event that parties are unable to reach a settlement, the case will proceed to trial. It is ultimately your decision if you wish to take your case to trial. Our team at Barbante Personal Injury Lawyers will provide you with advice and support throughout every step within the legal process.
