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PUBLIC LIABILITY CLAIMS

 

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What is a public liability claim?

A public liability claim is a legal action taken by an individual who has suffered injuries or damages due to the negligence or breach of contract, of another party in a public or private space. The term "public liability" refers to the legal responsibility that individuals, businesses, or entities have for the safety of those who enter their premises or use their services.

If an injury occurs on private or public property and there is no motor vehicle involved, or claim against WorkCover or your self-insured employer, it’s likely to be categorised as a public liability claim.

Common Public Liability Cases:

  • Accidents caused by contractors (e.g., tradespeople and builders).

  • Accidents that occur in schoolyards or on playground equipment.

  • Accidents caused by faulty products or equipment.

  • Injuries caused by animals (e.g., dog attack).

  • Accidents in supermarkets or retail shops.

  • Accidents in shopping centres and/or car parks.

  • Accidents on footpaths, in parks or gardens.

 
 

Am I eligible?

To succeed in a public liability claim, certain conditions must be met:

  1. Injury Occurrence:

    • You must have experienced an injury.

  1. Resulting Loss:

    • The injury should lead to a tangible loss.

  1. Fault Exclusion:

    • The incident must not be attributable to your actions.

  1. Existence of Duty of Care:

    • There must be a duty of care owed by the responsible party.

  1. Proof of Negligence:

    • It's necessary to establish that negligence contributed to the injury.

Meeting these conditions may provide a foundation for a claim, but due to the unique nature of each case, seeking personalised advice from a lawyer specialising in public liability claims is recommended.

 
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What am I entitled to?

Public Liability Claims Typically Include An Allowance For: 

  • Pain and suffering

  • Out-of-pocket expenses, such as medical, rehabilitation and medication expenses

  • Loss of income (both past, current and future)

  • Loss of superannuation upon loss of income

  • Future expenses, such as paid domestic assistance, medical costs and medication expenses

  • Interest upon losses suffered

  • (In some cases) care and assistance provided by family and friends.

Who do I claim against?

A claim is typically made against the person or company considered to be at fault in causing the accident. In most cases, that person or company will pass on the claim to the insurer that insures their public liability. The public liability insurer will then take over and will pay you directly, should the case be found in your favour.

If you have suffered an injury due to fault, you may recover compensation. Contact us to discuss your case with no obligation. Our legal experts will provide you with accurate and timely advice.