The law specialisation of public liability covers injuries sustained in various types of accidents resulting from another person's or a company's failure or negligence to take reasonable precautions.
Accidents that occur on public property fall under public liability.
Occupiers LiabilityIncidents that occur on private property, such as a shop, restaurant, library, school or supermarket fall under public liability.
Occupiers and public liability laws are complex, and to add to the confusion, they differ greatly, depending on the State or Territory where it occurred. In some States and Territories, liability has to be proven, while in others, the fact that the injury occurred is in itself, enough proof to pursue a claim.
The one law that is uniform across Australia, is the fact that all shopping centres, shop owners, restaurants and other property owners, should have insurance in order to shoulder the responsibility of any claims arising from injuries sustained on their properties, or as a result of their negligence.
Examples of public or occupiers liability accidents include:
● slips, trips or falls that occur in offices, supermarkets or at swimming pools.
● accidents at learning institutions, sports grounds, musical events, etc.
● sexual or physical assault at company premises.
● animal attacks.
- Someone being injured in a shopping centre when someone else slips on a puddle of water, leaking from a shop freezer. If the client broke her ankle and required surgery, she would be booked off work, losing income in addition to incurring medical expenses.
- A child tripping over a broken piece of playground equipment at daycare, breaking his arm on an area that had no soft fall flooring.
- A client impaled by a shard of glass when a glass door on a supermarket display shatters. The glass has to be surgically removed, and leaves major scarring.
Many freak accidents occur across Australia every day, some of which could've been avoided.
What to Do in the Event of Injury?
If you are injured on public or private property, you may be entitled to compensation. Follow these steps:
1. Report the injury to the owner or authority on scene.
2. Seek treatment and ensure that your medical practitioner is aware of the circumstances of your injury.
3. Call Compensation Claims Australia on 02 9099 3195.
Building Your Case
Insurance companies are looking for reasons not to pay out claims, so it is your responsibility to ensure that you can prove your case, but your compensation lawyer is here to help you. It starts with collecting as much evidence as you possibly can, to ensure that your specialist public liability solicitor has all the tools needed to support your claim. These are some of the evidence that will help your case:
● Diagrams and photos of the accident location and surroundings.
● Copies of any and all documents between the injured party and the liable party.
● Medical documentation, such as x-rays and files.
● Contact details of every person, company or authority involved, as well as any witnesses to the incident.
Information is key, so provide as much as you possibly can. Your specialist public liability solicitor will be able to provide the best results with the right evidence.
Compensation Entitlements for Public Liability
The amount of compensation to which you are entitled will vary depending on the State in which the accident occurred. Various jurisdictions have different thresholds or minimum injury severity levels which should be met, especially as it applies to pain and suffering.
Some of the aspects you may be entitled to claiming for, include:
● superannuation and loss of earnings
● lump sum pain and suffering compensation
● payment of medical expenses and treatment
● costs of future care, home modification and home help
● miscellaneous expenses resulting from the incident and subsequent injury.
Your specialist public liability solicitor will advise on specific entitlements that apply to your case and the state in which the injury occurred.
In most cases, time limits apply, so be sure that you obtain free advice as soon as you can by calling Compensation Claims on 1300 30 60 88.