What is a public liability claim ?

If you were physically or mentally injured in a public or private property, you may be entitled to make a public liability claim for any losses you incurred arising from the injuries you sustained. Public liability claims cover a large range of incidents. You can make a claim against the occupier who may be an owner, a manager, tenant or local authority depending on the situation.

In order for you to be successful in making a claim, you need to show that you were owed a duty of care, this duty was breached and as a result you sustained injury and losses.

Please see below for common types of accidents that allow for public liability claims.

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What does public liability compensation cover?

You may be able to claim compensation for:

  • loss of past and future earnings
  • permanent impairment
  • medical expenses
  • pain and suffering
  • domestic assistance

How can I claim public liability compensation?

When making a compensation claim for public liability, you should :

  • • Identify the responsible party related to your injury and immediately notify them about the accident. If possible, make a written notification and hold a copy for yourself.
  • Collect as much evidence as possible of the accident like photos, videos and witness accounts together with medical reports assessing your injuries. Keep copies of medical bills and any correspondence related to the accident as well.
  • Document the time and the location of the accident together with details such as how it happened and what other people were involved.
  • Obtain proof of your days away from work. Also, documents proving your earnings before the injury like payrolls will be necessitated in the process of claiming for lost income.
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Most public liability claims are settled through payment made by the liability insurer. In cases that a settlement can’t be made or the insurer does not accept liability for the injury, court action will be needed.

Frequently asked questions

1What are common types of accidents that you can make a public liability claim for?
  • Slips, trips and falls
  • Injuries sustained in recreational facilities
  • Injuries sustained in supermarkets
  • Injuries sustained on public property
  • Injuries sustained on private property
  • Injuries sustained from physical assaults
  • Injuries sustained on public transport
  • Injuries caused by broken glass
  • Burns from hot food and drinks
  • Injuries sustained as a result of falling objects
  • Injuries from attacks
  • Dog bites
  • Trips and falls on walkways

There are many more instances where you can make a public liability claim and the above is not an exhaustive list. Please do not hesitate to contact our team of senior compensation lawyers who will be able to advise you whether your situation is covered.

2How long does a public liability claim take?
  • The time it takes for a public liability claim to settle varies from case to case. In most instances, however, public liability compensation claims take one to two years to settle.
3How long do I have to make a public liability claim?
  • You should start the compensation claiming process within three years from time you became aware of the injury. In most cases, this is the date of the accident. This time frame can be extended in special situations. You should seek legal advice as soon as possible to ensure our claim has the best chance of success.
4Does public liability insurance cover food poisoning?

Cafes, restaurants and catering services can be held liable by their customers for food poisoning and public liability claims can be made against their insurers.

5Can I claim compensation for a slip, trip and fall injury at a supermarket?
Supermarkets are one of the places that slip, trip and fall accidents commonly occur mostly due to substance left on the floor. If the occupier’s failure to inspect and clean at regular intervals could be proved, this type of claims can be easy to achieve.
6 How much compensation can I get for a public liability claim?
The scope of compensation that you may obtain will depend on the specific circumstances of the accident. The seriousness of your injury and the extent of your precaution against the accident will be important. Consulting an experienced slip, trip, and fall accident lawyer can help you anticipate the results of your claim.

Why trust Withstand Lawyers?

The Civil Liability Act 2002 (NSW) makes provisions to determine the liability of negligence in those different ways a personal injury may happen in public and private places. However, the act is restrictive in allowing the injured parties for making compensation claims, in such respects as the amount of the compensation. Legislation and the legal process is tricky to navigate. We will act for you on a No Win, No Fee basis because we understand that being injured is tough. You can have the ease of mind that no legal fees will be payable if your claim is not successful. It will cost you nothing to start your claim. Our specialised public liability lawyers located in Sydney assess the worthiness of your claim and guide you through the legal process which can often be overwhelming. Please contact our offices to arrange a free consultation to have your potential claim assessed. We promise to offer you the best legal advice in the easiest way you can understand in working together to achieve the maximum compensation payout for your claim.