Public Liability

Public Liability lawyers
who have you covered

If you have been injured in a public place and it was someone else's fault, you could be entitled to Public Liability compensation.

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. You could also be entitled to a lump sum if you are significantly injured. We can explain the process to you and answer any of your questions.

Public Liability lawyers <br/> who have you covered

Having an injury, Carmelo was so understanding. Carmelo is very hard-working. He went above and beyond for me. I highly recommend Carmelo and the team at Barbante Personal Injury Lawyers.

Lea-Anne Jones

Public Liability Claim

You Could Be Entitled to the Following Benefits

Medical and Like Expenses

You could be entitled to claim the reasonable associated costs for treatment expenses. This can include the cost of medical appointments, medical procedures, medication and occupational rehabilitation services.

Lost Wages

If you are unable to work or can only perform modified duties or work reduced hours due to your injury, you can make a claim for loss of income, both past and future. This is in addition to medical treatment and travel expenses.

Common Law Damages

You may be entitled to compensation for pain and suffering, as well as the loss of enjoyment of life caused by a physical injury, psychological injury, or both.

We will assist you through each stage and work to achieve the best outcome.

Step 1

Attend your free initial appointment

We will discuss your injury and determine if you have a claim. This includes letting you know your legal rights and entitlements, our fee arrangement, and the next steps involved should you proceed.

Step 2

Investigate Your Claim

Once you choose to proceed, we will gather evidence for your case, including requesting medical records and reports from treating doctors, having a site visit where you were injured to take photos, and obtaining a specialist expert report to determine liability. You will also be organised to be medically examined by an independent specialist to determine your percentage of whole-person impairment.

Step 3

Issue Proceedings

If the independent evidence we gather supports your case, we will lodge court proceedings on your behalf. Your case will move through a number of stages in the court process that allows for the parties to exchange documents and narrow the issues in dispute.

Step 4

Receive your compensation

In most cases, your claim can be resolved without going to court. During legal proceedings, parties will get together to discuss the resolution of your case at mediation. A vast majority of cases that reach this stage settle at this point. If it is necessary to go to court, we will guide you through court proceedings.

Public Liability FAQ

Public Liability FAQ

Can I make a public liability claim?

If someone else’s negligence 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.

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.

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 control the location of your accident.

Successful Public Liability claims by Barbante Personal Injury Lawyers include the following:

  • Slips and falls in supermarkets and other retail outlets
  • Injuries on private property
  • Injuries on public property managed by a local Victorian Council
  • Injuries on public transport (e.g. buses, trams, and trains
  • Injuries in commercial, retail or private buildings (e.g. shopping centres, parking lots, night clubs or bars)
  • Boat and water-sport accidents
  • Sporting injuries
  • Bicycle accidents that don’t involve a vehicle

Who pays for the public liability compensation?

Businesses and other (non-domestic) occupiers of premises are required to carry Public Liability Insurance. Typically, the insurance company of the person or business at fault will pay the compensation, not the person or business that contributed to the accident themselves. A person’s home & contents insurance covers public liability if an accident occurs at a private residence.

As a result, Businesses and Councils won’t have to find a lawyer to represent them either. This is all administered by the insurance company, which will then delegate a law firm to act for the party at fault.

Can I sue my local council for my injury?

If the injury occurred on land owned or managed by a local Victorian Council, you will usually need to prove the following to be entitled to compensation:

  • The council has acted or failed to act reasonably when maintaining, inspecting or constructing the area where the injury occurred.
  • As a result of the council’s negligence for acting or failing to act reasonably, you suffered a “significant injury.”

It should be noted that the council will have public policy defences available to them in certain instances. We have extensive experience in acting for injured persons who have been injured due to the negligence of local Victorian Councils. Barbante Personal Injury Lawyers can assist you in determining if you have a claim.

Can I sue a supermarket if I slip or trip?

To bring a claim for a slip, fall or trip in a supermarket, you will need to establish the following:

  • The supermarket did not take reasonable care for the safety of its customers.
  • As a result of the supermarket’s negligence for not taking reasonable care, you suffered a “significant injury.

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 as soon as possible and gather details of any persons who witnessed the incident. These details are central in ensuring you have a robust public liability claim.

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 will you be entitled to compensation, and we can issue proceedings on your behalf. This is generally one year from when the injury occurred. After approximately one year from the injury occurring, 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 claim a lump-sum payment for pain and suffering. This requires establishing that the injury occurred due to the negligence of another person. Once you contact us, we will advise whether negligence can be established in your case.

Will I have to go to Court?

Barbante Personal Injury lawyers will inform you at every stage of your claim. Many public liability cases are settled out of Court. However, if a court hearing is necessary, we will guide you through the process.

Are there time limitations for a public liability claim?

You have three years from the date of injury to commence a public liability claim.

If you are unsure how your condition will develop, you should continue attending doctor and hospital appointments. Once you have received treatment and better understand your condition, you may pursue a public liability claim.

Can I claim other insurance benefits during my Public Liability claim?

You may also be entitled to other benefits such as:

  • Total and Permanent Disablement or Permanent Incapacity claims within your Superannuation Scheme
  • Income Protection

These schemes depend on your policy as they all operate with different and specific requirements that need to be satisfied.

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.

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