Do you have a public liability claim? Before we answer that, let’s define public liability in Australian law. You can never predict if you’ll get into an accident in a public place like a park or mall.
Public liability means the legal responsibility of a person or organisation to ensure their premises is safe for the public. That means they must take reasonable steps to mitigate risks and prevent accidents. So when should you consider a public liability compensation claim? You can if you’re injured in a public place because of:
- Unreasonable conditions: A wet floor without a warning sign, a broken staircase or uneven pavement.
- Defective equipment: A malfunctioning escalator in a shopping centre or a broken swing set at a playground.
- Negligent conduct: A security guard fails to secure a door during a storm or a store employee spills a cleaning product and doesn’t clean it up straight away.
Recent News About Public Liability
An article from ABC news says Albany Indoor Adventures closed down last December 2023. The indoor gym and rock climbing business couldn’t get public liability insurance. The amusement industry, including businesses like Albany Indoor Adventures, has been struggling to get public liability insurance for years.
This has led to business closures and job losses, especially in regional areas. The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) suggested a Discretionary Mutual Fund (DMF) as a solution. But their recommendations were not implemented by the government.
Are There Different Types of Public Liability Claims?
As mentioned, a public liability claim provides a way to get compensation if you’ve been injured due to someone else’s negligence in a public place. Here’s a breakdown of some different types:
- Bodily Injury: This is the most common public liability claim, caused by negligence. Imagine slipping on a wet floor without a warning sign.
- Private Property Damage: This type of public liability claim covers situations where your belongings are damaged due to someone else’s carelessness. A falling tree branch damaging your car during a storm because of poor maintenance could be a case.
- Emotional Distress: Witnessing a traumatic event or experiencing emotional trauma due to someone else’s negligence can also be grounds for a valid claim.
- Loss of Income: If your injuries prevent you from working, a claim can help recover lost wages or income.
- Loss of Services: This covers the inability to use something due to negligence. For example, if your car is damaged in an accident and you can’t use it, you might have a claim.
- Pain and Suffering: Compensation for physical and emotional distress caused by your injury.
- Punitive Damages: Awarded in rare cases where the at-fault party’s actions were particularly bad, like driving under the influence.
- Wrongful Death: When someone dies due to someone else’s negligence, a claim can be made on behalf of the deceased’s family.
Related article: Personal Injury Claims | JB Solicitors
The Claims Process: A Step By Step Guide
Now, let’s say one of the scenarios has happened to you. You may ask yourself what can you do to make a public liability claim? A lawyer is the best option as they can handle the complexities of your claim. But it’s good to know the basic process. Here’s a breakdown of the steps:
- Gather Evidence:
A documentation of the accident scene is important. You may take photos and videos that focus on the hazard that caused your injury. You may also get witness statements if available from bystanders, since their first hand accounts can be crucial. If you have time to get accident reports from local authorities or building management, do so.
- Medical Assessment:
Get medical attention to document your injuries to get medical treatment. X-rays, scans, and doctor’s reports will be key evidence.
- Identify the Responsible Party:
Find the person or organisation (e.g. building manager, landlord) responsible for the location where the accident occurred. Their public liability insurance will be the target of the claim.
- Submit Your Claim:
Submit your claim to the responsible party’s insurance company. If they accept liability they may offer a settlement. Many claims are resolved this way, no court. But what if there is a liability rejection or an unsatisfactory settlement offer? If so you may need to take your public liability claim to court.
A lawyer can help you file a formal complaint with the court against the responsible party (or their public liability insurer). This complaint outlines your case, including the negligence that caused the accident, the extent of your injuries and the specific damages you are seeking compensation for.
Why File A Public Liability Claim
Public liability compensation claims are for accidents caused by another person’s negligence in a public place. This covers medical expenses, lost wages and other accident related expenses. Beyond financial benefits, filing a claim holds the at-fault party accountable and stops future accidents.
It will also clarify who was at fault, especially in cases without witnesses. Ultimately a successful claim will help you recover from the physical and emotional impact of the accident and get your life back on track.
Need To Make a Successful Public Liability Claim?
At JB Solicitors we will listen to your claims and help you through the legal process for all claims. Our lawyers will fight for the compensation you’re entitled to in court or help you settle out of court. Justice shouldn’t be a gamble and we value the compensation you deserve. We can also help with:
- Workers’ compensation: For injuries caused by employer’s negligence.
- Car accident compensation: For injuries from car accidents on the road where one party was negligent. We are experienced with personal injury law and public liability law and help you get the compensation you need and deserve.
- Other common public liability claims
Contact our lawyers today for more information on public liability claim process.
