Public Liability
What is a Public Liability Claim?
Public liability refers to the legal responsibility and duty of care of property or building owners, occupiers, or businesses to ensure the safety of persons who enter their premises. This includes businesses, roads, pathways, parks, shopping centres, stores, restaurants, schools, and other public spaces.
If you’ve been injured due to a slip and fall, trip hazard, faulty equipment, or any other hazard on someone else’s property, you may have rights to make a public liability claim.
Types of Public Liability Claims
Public liability claims can arise from a wide range of accidents, including:
Private Property Accidents
Dog Bites or Attacks
Animal Attacks
Strata Accidents
Pedestrian Accidents
Inadequate Security Leading to Assault or Injury
Slip and Fall
Accidents
Trip and Fall Accidents
Supermarket Accidents
Shopping Centre Accidents
Restaurant and Cafe Accidents
Rental Property Accidents
Driveway Accidents
Private Property Accidents
Dog Bites or Attacks
Animal Attacks
Strata Accidents
Pedestrian Accidents
Inadequate Security Leading to Assault or Injury
What can you claim?
When pursuing a public liability claim, you are entitled to make a claim for damages as follows:
Non-Economic Loss Damages
Non-Economic Loss damages is compensation for the pain and suffering you have experienced as a result of your accident.
Pain and suffering damages are aimed to compensate you for the physical and emotional pain and suffering you’ve endured as a result of the accident. It takes into account factors such as the severity of your injuries, the impact on your quality of life and the inability to participate in hobbies or activities you previously were involved in.
Economic Loss Damages
You can claim damages for the any financial and economic losses you have incurred following your accident. This includes lost wages/income if you’ve had to take time off work or are unable to return to your job because of your injuries.
Economic loss damages may also cover future loss of earning capacity if your injuries have long-term effects on your ability to work and earn an income. We will also claim for past and future loss of superannuation benefits.
Treatment Expenses
Reimbursement for any medical expenses you have incurred as a result of the accident. This includes treatment costs such as ambulance fees, hospital bills, doctor’s consultation and appointments, medication costs, rehabilitation, physiotherapy, psychological treatment and other ongoing treatment expenses. It is important to keep record of all your medical expenses by way of receipts to receive full reimbursement for these expenses.
A claim is also made for the proposed future treatment expenses which have been recommended to you including the costs of future surgery, ongoing treatment and rehabilitation costs. Anticipating these future expenses helps to ensure that you receive fair compensation to support you in the years ahead.
Domestic Assistance
Damages for domestic assistance is compensation for your inability to perform household tasks or care for yourself after your accident as a result of the injuries you have sustained.
You may be entitled to claim the cost of hiring paid assistance or if your family members or friends have assisted you since the time of your accident then you may be entitled to claim the cost of the gratuitous assistance provided.
Domestic assistance tasks can include personal care tasks, cleaning, heavy household tasks such as vacuuming and mopping, cooking, gardening and transportation.
Legal Costs
In addition to the heads of damages listed you are also entitled to claim a recovery of your legal costs including professional fees and expenses (such as disbursements and barrister’s fees) from the Defendant in your claim and/or its insurer. There are some restrictions regarding the recovery of legal costs and Law Works can assist you in maximising your recovery for compensation.
Work Accidents at Third Party Sites
It is common for work accidents and injuries to occur as a result of the negligence of a third party, such as a head builder or contractor, rather than the direct fault of your employer.
When a third party’s actions or lack of care contribute to the injury, you may have grounds to make a public liability claim in addition to any workers compensation benefits you may be entitled to.
A public liability claim seeks to hold the negligent third party accountable for their role in your accident and injury. This type of claim can provide compensation for damages beyond what the workers compensation claim covers, including pain and suffering, future economic losses, loss of enjoyment of life and past and future domestic assistance. For example, if a contractor’s faulty equipment or unsafe work practices lead to an injury, the injured worker can seek compensation from the contractor or the responsible party for damages.
If you believe a third party’s negligence contributed to your work injury, it’s important to understand your rights and the potential for a public liability claim especially given the strict time limits. Contact Law Works today to schedule a consultation where we can assess your situation and guide you through the process of pursuing a claim against the responsible third party.
Time Limits for Public Liability Claims
It is important to be aware that strict time limits apply when pursuing a public liability claim. There is a 3 year limitation period which requires you to commence court proceedings within 3 years from the date of the incident.
We recommend seeking legal advice as soon as possible to ensure your claim is filed within the necessary timeframe as the investigation of your claim, gathering of the necessary evidence and evaluation of your claim can be a detailed and timely process.
How Law Works Can Help
Our experienced team specialises in handling public liability claims in NSW and is dedicated to advocating for your rights. Here’s how we can assist you:
Expert Legal Guidance
We'll provide you with expert legal advice and guidance tailored to your individual circumstances.
Investigation and Evaluation
We'll thoroughly investigate the circumstances surrounding your accident to determine who is at fault and whether fault can be established, and assess the full extent of your damages by gathering the relevant medical material to present to the at fault third party
Negotiation with Insurers
We'll handle all communication and negotiations with the at fault third party and their insurer on your behalf including a fair and reasonable settlement in your favour.
Litigation if Necessary
We're prepared to take your case to Court and fight for your rights. Majority of public liability claims require commencement of proceedings in Court to put the Defendant and its insurer on notice before reaching a settlement prior to a Court Hearing before a Judge.
Frequently Asked Questions
If you’ve been injured in public or private property in NSW call us today at Law Works Compensation Lawyers to schedule a consultation. Let us fight for your rights and help you secure the compensation and justice you deserve.
You should report your accident as soon as possible after your accident. You should report your accident to the owner or manager of the premises, cleaners or security, centre management, your employer if your accident occured in the course of your employment or to the relevant council managing the premises. You should request confirmation of your report including a copy of the incident report.
If possible, you should take photographs of the accident site if the defect or cause of your accident is visible. For example, a spill on the floor at a supermarket, leaking ceiling at a shopping centre, raised matting at a fruit shop or wet floors with no visible warning signs.
If there have been any witnesses to your accident it is important to obtain their contact details including name, contact number and address or email address. Witness evidence is very helpful when making public liability claims.
It is also important to ensure you receive medical treatment as soon as possible after your accident. Remember to keep your medical receipts to claim reimbursement of your medical expenses in your public liability claim.
Contact Law Works at your earliest convenience so that we provide you with guidance and support through the early stages of your injuries, treatment and claim.
In a successful public liability claim, you are entitled to a claim for non-economic loss damages (commonly referred to as pain and suffering), economic loss damages for your loss of past and future income and superannuation, past treatment expenses incurred and future proposed treatment expenses such as surgery, damages for past and future domestic assistance and an allowance for your legal costs.
Our initial investigations to advise whether your claim enjoys reasonable prospects of success may occur instantly if we have the relevant evidence or within 2 to 4 months from the time of our first consultation after we have obtained the relevant initial information and evidence. The time required for the actual making of your public liability claim will depend on various factors including the nature of your injuries and treatment you are having as well as the attitude and response of the at fault third party or its insurer.
It is common for most public liability claims to resolve within 12 to 24 months from the date of your accident in circumstances where you seek legal advice early. If the case goes to Court then this will add an additional 6 to 9 months to the estimated time frame.
Law Works will provide detailed advice from the time of your first consult and we will provide regular updates as to your claim generally and the expected time till completion.
Law Works have a no win-no fee guarantee which means that you do not have to our legal fees unless you win your public liability claim. We will not ask you to pay any up front costs in relation to your claim. At the finalisation of your claim and if your claim is successful, the defendant will make a contribution towards your legal costs and the balance is payable from any settlement or judgment amount. Contact Law Works today for tailored legal advice on your claim and recovery of legal costs.
On our experience, insures and defendants are likely to make significantly lower offers of settlement as opposed to when your claim is settled with the assistance of a lawyer, such as one of our Principals at Law Works.
For example, insurers are likely to make modest offers to cover the initial treatment expenses but make no allowance for additional damages including future treatment expenses, economic losses or non-economic loss (pain and suffering). An insurer will also request that a Deed be signed to prohibit you from making any future claim.
We are compensation law and personal injury law specialists. We have an Accredited Specialist in Personal Injury Law. We have long experience in dealing with defendants, insurers and their lawyers and obtaining a fair and reasonable settlement for your injuries sustained.
Law Works will be able to obtain the necessary expert and medical evidence required to fully claim the maximum amount of damages under each head of damage.
You should never accept an insurer’s offer without obtaining legal advice first. Contact Law Works for an obligation free first consult.
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