The right to community safety is protected under the public liability law. If you’ve been injured on a public, commercial, or retail property and someone else is to blame, you should speak with a Public Liability attorney who has the knowledge and experience to walk you through the entire process and is dedicated to getting you the best possible result.
We’ll explain what public liability is and how you can file a claim in this article.
Public liability claim – explained
A potential entitlement to compensation for injuries or harm incurred in a variety of circumstances owing to the negligence of another person or entity is known as a public responsibility claim.
When a person is injured in a ‘public place,’ which is defined as an area or property open to the public (or a class of persons), such as a retail mall, mall, parking lot, or entertainment complex, many public liability claims arise. Government-owned facilities, such as schools, council athletic fields, or swim centres, as well as privately-owned locations for general use, such as restaurants and clubs, are examples of public places.
Claims for public responsibility are frequently filed against the owner or occupant of the property where the damage occurred. The claim is filed with the public liability insurance company.
Examples of public responsibility lawsuits
Public liability is a broad field of law that covers claims arising from a wide range of incidents and injuries. The following are some of the most typical public liability places and injuries.
Public liability claims are commonly filed in the following locations.
An injury can result in a public liability claim in a variety of situations, such as:
- Injuries that occur in parks, recreation centres, or other public areas
- Injuries that occur in rental properties (e.g., landlord/tenant disputes)
- Injuries that occur in private structures (e.g. shopping centres, gyms, etc.)
- Injuries sustained at the schoolyard or at childcare
- Injuries at amusement parks
- Injuries sustained during recreational and sporting activities (e.g. jet-ski and diving accidents)
- Accidents in the air and on the water
The most common types of injuries for which public liability claims are made. The following are some of the most common forms of injuries incurred in these situations:
- Falling, slipping, and tripping
- Injuries to the back
- Injury to the neck
- Injuries to the mind
- Animal-related injuries (e.g. dog attacks, horse-riding accidents)
- Poisoning from food
- Assaults on women
What exactly do I need to prove when claiming?
Owners and occupiers of public venues and businesses owe a duty of care to their patrons and visitors to create a safe environment and to avoid the harm that is “objectively reasonable.” Individuals must also take the proper precautions to avoid causing injury to others. Each case must be examined in the context of its own circumstances.
In general, a successful claim will necessitate proof of the following:
- The defendant (the person or business you’re suing) owed you a duty of care to keep you safe from a reasonably foreseeable danger of harm.
- The defendant was negligent because he breached that duty of care, either by a positive act or an omission.
- You experienced a loss as a direct result of that carelessness.
What is the procedure for filing a public responsibility claim?
In NSW, here’s how to file a public liability claim. After you do this, make sure you talk to a Central Coast lawyer immediately.
- Gather evidence from the scene of the accident. Photos of the hazard that caused your accident, witness statements, and accident reports from the local government or building manager could all be included.
- Consult a doctor about your injuries. To prove what injuries you had as a result of the accident, you’ll need medical documentation like scans and x-rays.
- Determine who is to blame. Because you’ll be claiming against their public liability insurer, you’ll need to figure out who is in control of the place or building where the accident occurred.
- If the insurer acknowledges liability after you’ve filed a public liability claim, it’s likely that you’ll be offered a settlement payout. Many public liability disputes can be resolved without going to court.
- If the insurer denies liability or you are unable to reach an out-of-court settlement, you may need to go to court to recover damages.
What kind of compensation might be given?
Compensation (damages) from one or more of the following categories may be awarded in a successful public liability claim:
- medical treatment, medicines, physiotherapy, rehabilitation, and other therapies, travel costs to attend treatment, domestic or personal assistance, and retraining expenses in the past and future;
- a financial loss in terms of past and future earnings;
- gratuitous care services (domestic assistance provided to the claimant by someone else for which the claimant is not responsible);
- unable to offer domestic services (to the claimant’s dependents);
- a reduction in superannuation benefits;
- For more catastrophic injuries, non-economic loss (pain and suffering) may be incurred.
The level of the injuries and the loss experienced as a result of those losses will determine these entitlements and the value of compensation. Some categories include ‘thresholds’ that are taken into account during settlement negotiations or if the case goes to court.
How will I know whether my public liability claim is valid?
To be successful in a public liability action, you must show that:
- If the authorities or building manager had taken measures to prevent your accident, it could have been averted.
- As a result of your injuries, you’ve suffered losses.
It’s not often easy to prove these two facts — a building manager can only be held accountable if they were aware of or should have been aware of a possible threat and did nothing about it.
If someone can be held responsible for your accident and you’ve suffered a serious injury, lost time from work, and incurred large medical expenses, it’s certainly worth pursuing public responsibility compensation. However, if you’ve just suffered minor injuries and were able to go about your regular activities without any treatment or time off, filing a claim may not be financially feasible.
On the note
If you believe you have grounds for a public liability lawsuit, you should consult with an attorney as soon as possible. He or she will examine your case, offer guidance, and gather the necessary information to file your claim within the time limit.
Following the filing of your claim, your lawyer will assist you in navigating the settlement process and obtaining just and fair compensation.
This article’s sole purpose is to provide general information. Before deciding on a plan of action, you should get professional guidance.
