What is a Public Liability Claim?
If you are injured in a public place or on someone’s property, due to someone’s negligence, you may be able to claim compensation by making a public liability claim against the negligent party. A public liability claim will seek to recover your financial and other losses from that negligent party. Our local office is available to take on public liability claims in Burwood.
Public entities such as shopping centres and supermarkets are generally required by law to have public liability insurance. This means that, if your claim is successful, your compensation will usually be paid by a public liability insurer.
Some examples of accidents that may result in public liability claims are:
- Slip and falls at a shopping centre, grocery store, supermarket, car park, pub, hotel, gym or another public place.
- Accidents at a construction site.
- Accidents in the common areas of residential or commercial blocks (e.g. claims against strata).
- Accidents on local Council property.
- Accidents on cruise ships.
- Accidents involving sports or recreational activities.
- Balcony accidents.
- Accidents on defective footpaths.
- Accidents on defective rental premises.
- Dog bites or animal-inflicted accidents.
Can I Make a Public Liability Claim?
A good starting point to see if you may be able to make a public liability claim is to check the answers to the following three questions.
- Have you been injured in a public place or on someone’s property in NSW?
- Was your injury caused by someone’s negligence?
- Have you needed medical treatment or had time off work because of your injury?
If the answer is ‘yes’ to all three, then you may be able to make a public liability claim. However, it is important to speak to a lawyer about the particular circumstances of your accident and obtain advice on whether a claim by you is likely to be successful. Time limits will usually apply, so speak to a lawyer as soon as possible after the accident.
What Can I Claim Under Public Liability?
Public liability claims may cover:
- The cost of medical expenses.
- Loss of wages and future economic (wage) loss.
- Pain and suffering (if your injuries meet a particular threshold).
- Domestic assistance such as help with household duties.
The amount of compensation that can be claimed varies depending on the circumstances and evidence of each case.
E Lee Lawyers can advise on which of the above “heads of damages” can be claimed for a particular case. We can also help with quantifying the value of a claim.
What Does the Claim Process Look Like?
In order to make a successful claim, there needs to be evidence to support your case. This may include:
- Evidence about your accident, such as security camera footage, statements from witnesses or accident reports.
- Evidence to support your case that the other party/ parties were responsible for your accident. This may include expert evidence, such as from an engineer.
- Evidence about your injuries, such as from medical professionals who treated your injuries or from other medical experts.
E Lee Lawyers can help with gathering the evidence needed to pursue a public liability claim. We can also analyse and advise on the evidence, including any other evidence provided by the public liability insurer.
If a settlement agreement for a public liability claim cannot be reached between the parties, a claimant may have to take their case to Court in order to obtain compensation.
E Lee Lawyers can assist clients with preparing Court documents and with representation in Court. We can also assist with any settlement negotiations that may occur with the public liability insurer.
Contact E Lee Lawyers
E Lee Lawyers handles public liability claims in Burwood. If you have been injured in a public place or on someone’s property in NSW and believe that someone was responsible for your injuries, please call us or reach out via our contact page for a confidential discussion.