FAQs - your questions answered
Public liability law means that an individual, business or organisation can be sued for negligent acts or omissions which result in the injury or death of a person or damage to their property. In general, to make a successful claim for negligence, you need to be able to prove that you were owed a ‘duty of care’, that the duty of care was breached, and that it could be predicted that this breach would lead to injury or damage.
Because public liability is such a complicated area of law, it’s a good idea to find a lawyer who thoroughly understands its intricacies. Maurice Blackburn has been representing people making compensation claims for more than 75 years, and we are committed to fighting for fair and equitable results for everybody. And of course, our No Win, No Fee policy means that if we don’t win, you don’t have to pay our legal fees. Contact our Public liability team today for more information.
The law covers a wide range of circumstances where you may have been injured, including:
- playground and schoolyard accidents
- injuries sustained during sporting activities where the space is poorly maintained or has fallen into disrepair
- slips and falls in supermarkets or other retail outlets
- dog attacks
- plane or boat accidents
- falls on public property
- slippery bike tracks
- physical assault, and
- residential accidents.
Compensation may cover:
- medical costs (including future costs)
- lost income
- pain, suffering and loss of enjoyment of life, and
- home help and attendant care.
Anyone who causes or contributes to an injury may be found legally liable and required to pay compensation. They may even be liable for the actions of others while the location of the accident is under their control. For example, a provider of public transport could be held liable for injuries caused by a drunken passenger to another passenger, or an occupier of premises (such as a shopping centre) could be held liable for injuries caused by the actions of other shoppers. Businesses and other (non-domestic) occupiers of premises are required to carry Public Liability Insurance. So, in most cases, any claim for compensation is actually made against an insurance company.
Public liability claims can be made under both State and Federal legislation, although limits and thresholds on what you can claim for pain and suffering have been recently introduced. Changes have also been made to occupiers and public liability laws that mean it’s more difficult to prove negligence if you’re injured as a result of an ‘obvious hazard’.
If you think you have a claim you should:
- seek medical treatment immediately and tell your doctor how you were injured
- keep records and receipts of all medical expenses and the dates of all medical consultations
- keep records of any wages lost as a result of your injury
- take photos of your injuries, where possible, and
- take photos of where you were injured, where applicable.
The occupier of a premises or area has a legal “duty of care” towards people who they can reasonably foresee will come into that space. It doesn’t matter if the property is privately or publicly owned and can include sporting fields, parks, gardens and footpaths, as well as public, commercial and retail premises.
Historically, compensation for claims of negligence were not always open to athletes or other participants in sport, in recognition of the fact that sports contained certain inherent risks. However, this is no longer the case, with the High Court ruling that just because an injury occurred in the context of an activity that contained certain inherent risks this did not eliminate a duty of care.
In addition, the occupiers or owners of sporting premises or other recreational facilities can also be held responsible under the area of occupier’s liability with respect to the safety of those facilities.