Personalised legal advice for public place injuries
If you were injured or harmed in a public place through no fault of your own, you may deserve compensation through public liability claims.
Here at Barbante Personal Injury Lawyers, we’ve seen our fair share of public liability claims and we’re committed to ensuring you get your fair compensation as well!
Understanding public liability claims
A public liability claim can provide compensation for individuals injured in a public space due to the fault of someone else.
Our legal team are able to help you pursue claims for compensation for suffered injuries or sustained financial losses.
How public liability works
Entitlement to compensation depends on two main factors:
- How severe your injury is; and
- Whose fault the injury was.
Lost wages and medical expenses can also be claimed in certain instances.
Public liability claims are generally provided in lump-sum amounts for individuals who are significantly injured.
The process
While the process can seem daunting or complicated, we’re here to answer any and all of your questions and help you submit your claim.
In the event that you are injured in a public place, it’s important that you contact the relevant authority and lodge an incident report as soon as possible. Document as much evidence as you can relating to the incident and location, including taking clear photos of the scene of the accident as soon as possible and gathering witnesses’ details, if practical.
These details are important in ensuring you have a strong public liability claim.
Limitations period for claims
All public liability compensation claims need to be started within three years of the date of the injury.
Let us help you with your compensation claim
Getting injured can be devastating and disruptive, especially if it occurs in a public place.
Barbante Personal Injury Lawyers are the legal experts in public liability claims and can help you with the entire process of compensation claiming to ensure you get what you’re entitled to and deserve.
If you’ve been injured and want to find out more, make sure to contact us directly. You can also use our helpful claim check questionnaire to gain a better understanding of what you may be able to claim.
Public liability frequently asked questions
What can be claimed for public liability compensation?
Public liability claims won by Barbante Personal Injury Lawyers include the following:
- Playground and school yard 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
Who is eligible to make a public liability claim?
Anyone who has been injured in a public space through no fault of their own and as a result of another party’s negligence may be eligible to claim for public liability compensation.
What can public liability claims compensate for?
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, 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 do claims take?
Only when the injury is considered permanent and stable, will you be entitled to compensation. This is generally determined one year after the date on which the injury occurred.
After approximately one year, 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 may also be able to make a claim for a lump-sum payment for pain and suffering. This requires you to establish that the injury occurred due to the negligence of another person.
Make sure to contact our team as we can offer professional, accurate advice on whether or not negligence can be established in your case.
Are there time limitations for a public liability claim?
You have 3 years from the date of injury to commence a public liability proceeding.
If you are unsure 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’s permanence and stability, you may wish to change your decision and pursue your public liability claim.
What needs to be proven to make a claim?
For your claim to be successful, you’ll be need to demonstrate evidence 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.
title="What does a “breach of duty of care” mean?:
If the occupier or operator of a space or premises is negligent in ensuring that your safety was protected when entering or using that public space, it is considered a breach of duty of care.
Against whom are public liability claims made?
The organisation or business that has caused/contributed to your accident/injury through their negligence 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. To be liable, they must have been 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 will be the one to pay the compensation claim.
For private residents, personal home & contents insurance covers public liability in the event that an accident occurs at a private residence.
