Public liability

 

A public liability claim can be brought when you suffer injury in a public or private place as a result of another’s fault.  These claims might include falls, trips and slips.

 
 
 

To be entitled to compensation you need to prove the following:

  1. You were injured as a result of the fault (negligence) of another party; and

  2. The incident caused you to suffer an injury, or aggravated an existing injury or condition (“causation”); and

  3. The injury you have suffered has led to an impairment that is “significant” at law (“significant injury”).

If you establish these elements you will be entitled to recover compensation.

 

You have 3 years to bring a claim for public liability. In only very limited circumstances can this limitation period be extended. If you have suffered an injury please contact our office for advice. We will not charge for that advice.

 

Negligence

You need to establish that you were injured as a result of the fault of another party and that the risk of injury was not one that ought to have been obvious to you.

In some circumstances expert opinion must be obtained to assess the risk.

 

Causation

This element requires opinion to determine whether the incident caused your injury and to identify what would have caused a different outcome for you.

 

Significant Injury

In order to claim compensation for pain and suffering, you must first establish that you have a “significant injury”. This is a legally defined threshold. A “significant injury is:

  • A greater than 5% physical impairment; or

  • A 5% impairment to your spine; or

  • A greater than 10% psychiatric impairment.

Impairment ratings are determined by specialist doctors pursuant to Medical Guides to assess the extent to which your injuries create an impairment that impacts on your day to day life. We arrange the appropriate examinations on your behalf.

If you do not suffer from a significant injury, you cannot bring a claim for pain and suffering damages, but you can bring a claim for your financial losses if you have established negligence and causation. These claims can nonetheless be significant and it is important that you keep track of all out of pocket expenses and also details of time off work and the care that you may have been provided by others due to your injury.

In public liability claims, it is also important to report your injury promptly, to take photographs of the relevant area (post pre and post injury) and hold onto important pieces of evidence such as shoes.

If there were any witnesses to your accident, ask them for their contact details as they may help you win your case down the track.

If we can obtain supportive evidence, we will then advise you about either attempting to negotiate informally with the relevant party’s insurer and/or potential litigation.

We recognise that this type of claim can be stressful, complicated and outside the scope of your usual experience.You will be provided with thoughtful and realistic advice about the likelihood of success and the potential value of your claim and be kept informed of each step of the process.