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Public liability claims are legal actions brought against the occupier of a property for injuries sustained on the premises. They are a type of personal injury claim that may be lodged against an individual, a business, a local council or state government, and other organisations.
You may be entitled to compensation if someone’s negligence caused you to suffer injury in a public place. A Melbourne public liability lawyer can explore your rights and assist with all aspects of your claim.
Henry Carus + Associates have extensive experience with public liability claims. We can help prove that the property owner or occupier was negligent and seek to maximise your compensation. Call 03 9001 1318 today for a FREE, no-obligation consultation.
What Is an Example of a Public Liability Claim?
The term ‘public liability’ is somewhat confusing. People often assume that it only applies to accidents occurring on properties that are open to the public, or on premises owned and operated by public entities like the local council. In reality, public liability law also applies to private properties such as homes and businesses.
Common examples of claims where public liability may apply include:
- Slip-and-fall accidents, such as in supermarkets or shopping centres
- Trip-and-fall accidents on footpaths and other spaces
- Injuries from negligent security
- Playground, play centre, and sporting field injuries
- Dog bite injuries
- Balcony collapse injuries and falls from defective balconies
- Airline injuries
- Swimming pool accidents and drownings
- Boating and watersport accidents
Bottom line: You may be able to lodge a public liability claim if you are injured through no fault of your own on premises belonging to someone else. This encompasses countless different places you may visit, from local shops and footpaths to hotels, amusement parks, and more.
Do I Have a Public Liability Claim?
The question of negligence is central to all public liability claims. You need to show that the accident and your injuries were caused by the negligence of the occupier. Negligence is defined as the failure to take sufficient care to avoid injuring a person who is lawfully on the premises.
You will need to prove that the risk of harm was foreseeable, and the owner failed to take the necessary precautions. Furthermore, your claim must establish that the defendant’s negligence led to your injuries and damages.
We urge you to contact a public liability lawyer at Henry Carus + Associates to find out if you have a claim. You can also download our guide, Steps to take after a fall in a public place, to learn how you can protect your rights after one of the most common types of public accidents.
What Is the Process for Lodging a Public Liability Claim?
Public liability claims present unique challenges. These claims are governed by Victorian common law, meaning they fall outside the state’s compensation schemes for transport accidents and workplace injuries. Experienced legal representation is essential for obtaining compensation. The steps involved in lodging a public liability claim include:
1. Identify the Liable Party or Parties
The defendants in a public liability claim may include the owner of the property and/or a tenant who rents space on the premises. Legal expertise is essential for evaluating the liability of various parties and bringing legal action against them.
2. Provide Proof of Negligence
‘An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that any person on the premises will not be injured or damaged by reason of the state of the premises or of things done or omitted to be done in relation to the state of the premises.’
The above statute establishes the standard of care for occupiers of property in Victoria. For your public liability claim to succeed, you will need to show that the occupier did not meet this legal standard. This requires evidence such as:
- Photos of the hazard
- Witness testimony from people who saw the accident
- Video or photo footage of the hazard and/or the premises prior to the accident
- Documentation of previous hazards and safety violations on the property
Hazards that cause slips-and-falls and other incidents are often short-lived as they are cleaned up, repaired, etc. You should try to get all of the evidence you can before leaving the premises. If your injuries prevent you from documenting unsafe conditions or gathering other evidence of negligence, a lawyer specialising in public liability law can investigate on your behalf.
3. Document Your Injuries
Call 000 if you are seriously injured. If you are able to leave the scene on your own, you should see a doctor or go to the emergency room straight away. This will ensure that your injuries are properly documented and treated, minimise the risk of complications, and protect you from later claims by the defendant or insurer that your injuries were minor.
4. Report the Incident
Notify the owner or occupier that you were hurt on the premises. Many organisations will ask you to fill out a form describing the incident. Be truthful in your account and when interacting with representatives of the occupier, but don’t say anything to suggest you were at fault or provide unnecessary details.
5. Do NOT Speak with Insurers
Public liability insurers have one goal: to pay as little as possible when faced with a claim. Insurance adjusters often try to contact injured individuals before they understand how serious their injuries are and what legal entitlements they have. Don’t answer their questions or agree to discuss the incident on the record. Both of these decisions can lead to you getting far less compensation than you deserve, or none at all.
6. Contact a Public Liability Lawyer
The lawyer you choose should have extensive experience representing injured people in public liability claims. Read our Success Stories to see how Henry Carus + Associates have helped clients throughout Victoria obtain compensation for a wide range of public accidents.
7. Keep Good Records
Throughout your recovery and beyond, you need to keep complete records of your injuries and damages. Medical records, bills, and correspondence with healthcare practitioners and employers can show the seriousness of your injuries and the extent of damages. Share any and all documentation with your lawyer so they can prepare a strong claim on your behalf.
8. Calculate Damages
One of the most important ways an experienced lawyer can assist you in a public liability matter is to calculate the compensation you are due. Damages are the losses you experience as a result of an injury. They may include:
- Past medical bills
- Current and future medical expenses
- Past loss of earnings
- Diminished or total loss of future earning capacity
- Pain and suffering
- Loss of enjoyment of life
9. Attend Medical Assessments
To recover compensation for non-economic loss (which includes pain and suffering, loss of enjoyment of life, and loss of amenities), you will need to prove that you suffered a significant injury. Your lawyer can help guide you through the assessment process, which consists of one or more medical appointments to determine the degree of permanent impairment. If you meet the threshold (see the Wrongs Act 1956 S. 28LB), you can proceed with a claim for non-economic damages.
10. File the Claim
As a first step, we generally lodge a claim with the defendant’s public liability insurer. The insurance company may offer a settlement, but this is typically less than you deserve. Often, we are able to negotiate a more favourable settlement. In some cases, however, it may be necessary to initiate court proceedings.
Read More: How Do Public Liability Claims Work?
What Is the Time Limit for Public Liability Claims in Victoria?
Victoria’s limitation period for public liability claims is 3 years. The time limit generally starts on the date of the incident in which you were injured, but may be extended if the cause of action was not discoverable till a later date (see the Limitation of Actions Act 1958 S. 27D).
By taking action right away, you will be able to preserve critical evidence. An expert lawyer in public liability matters can prepare a strong claim on your behalf and ensure that it is filed within the limitation period.
Read More: Can I Make a Claim If I Get Injured in a Public Place?
How Henry Carus + Associates Can Help with Your Claim
Public liability claims are complex, and the likelihood of successfully resolving the matter on your own is low. Henry Carus + Associates believe You Deserve More, and we fight for the maximum compensation payout. You can trust our team to act in your best interest at all times and skilfully manage each aspect of your claim.
If you were injured on another’s property and you suspect negligence was a factor, call 03 9001 1318 today. We provide a FREE claim review, and you only pay fees if we obtain a favourable outcome for you. Our public liability lawyers serve clients throughout Victoria from offices in Melbourne and other metropolitan communities.
