Public Liability

As a member of the public, you have the right to be safe. So, if you have been injured as the result of another person or organisation’s negligent behaviour, you may have a public liability claim.

This is what you need to prove:

• You were owed a duty of care.

• That duty of care was breached.

• That this breach resulted in your injury or loss.

There are strict time limits on public liability claims, so it’s important to talk to a lawyer as soon as possible to find out if you’re eligible.

Here are some brief examples of the many claims we have won for our clients:

• Accidents on public property (e.g. parks or pavements).
• Accidents on private property (e.g. shopping centres, nightclubs or bars).
• Accidents on rental premises (e.g. wobbly balconies, or walking surfaces).
• Injuries caused by animals (e.g. dog or animal attacks, horse-riding accidents).
• Physical assaults resulting in an injury.
• Sexual assaults or sexual abuse (including childhood abuse in an institution).
• Schoolyard injuries.
• Recreational and sporting injuries (e.g. jet-ski and diving accidents).
• Aviation injuries.
• Boating injuries.
• Amusement venue injuries.
• Health and fitness injuries (e.g. massage, personal training).
• Accidents on public transport (e.g. buses and trains).

This is not a complete list. If you’re injured, and you’re not sure your particular situation is covered, contact us for a free consultation and one of our public liability legal experts can tell you where you stand.

Note: If you were injured at work, then you your claim will be covered under Workers Compensation. If you were injured on the road, with a Motor Vehicle Accident claim.

The law tries to put a monetary value on your losses. Here are some examples of what you can claim compensation for:

• Pain and suffering (called general damages or non-economic loss).
• Loss of enjoyment of life because of your injury (including psychological injury).
• Past and future wage loss or loss of earnings.
• Past and future loss of superannuation entitlements.
• Past and future expenses (such as medical expenses, your travel and home and vehicle modifications).
• Care and help provided by friends, members of your family or commercial care costs.
• Loss of capacity to care for someone who depends on you.

If you think you might have a public liability claim, contact our lawyers for a free consultation, and they’ll be able to tell you what your entitlements are and how much you might be able to claim.

Yes. The law is that you need to start court proceedings within three (3) years from the time that you became aware of the seriousness of the injury. It makes sense to get legal advice as soon as possible, so you don’t miss out.

The more details that are reported and documented at the time of your accident, the easier it is to prove your case. To help you with this, we put together a checklist of things to do:

• Get medical attention right away, even if your injuries seem minor.

• Notify the establishment/organisation where you were injured about the accident as soon as possible.

• Take photos of the accident location (both before and after any repairs if you can).

• Take photos of your injury.

• Keep copies of medical records, x-rays and scans and any correspondence between yourself and the other party.

• Most importantly, get legal advice sooner rather than later.

Once we have the evidence to support your claim, you might get your compensation in as little as 6 months. Most cases take a little longer (between 1 to 1.5 years), especially if you have to wait until your injuries stabilise.

Probably not. Less than 5% of our public liability claims go to court, the rest settle out of court. The courts these days encourage matters to be resolved at settlement conferences or mediations, which means less fees and stress for you.

With our “No Win No Fee” guarantee, it costs you nothing to start your claim, and you only pay us when we win your case. If we don’t win, you don’t have to pay us a thing.

Unlike most other law firms:

• There is no up-front charge for any expenses.
• You don’t pay anything if we’re not successful.
• You get a clear estimate of our legal fees before we begin the work.
• Sometimes we can organise a loan to tide you over until you get your money.

You might not be aware, but your superannuation fund has many benefits that kick in if you can’t work due to injury or illness. These are called “Total and Permanent Disability” benefits, or TPD. The name is misleading as you don’t have to be totally disabled - you are eligible if you can’t do your regular job because of your injury.

You might also have a claim under your personal or life insurance.
Payments under these policies will usually come to you as a lump sum and are on top of your public liability claim.

Find out more about Superannuation, TPD and Insurance Claims, or contact us and one of our team will talk you through all the claims you are eligible for.

As winners of “Personal Injury Law Firm of the Year” (2018 ACQ5 Global Awards), you can trust you have one of the best public liability firms in Australia working for you.

• With over two decades in the industry, we know how to fast track your claim, so you get your compensation as soon as possible.
• Our reputation for being tough, experienced and well-prepared means that the insurance companies are more likely to pay you maximum entitlements.
• Just about all our public liability team have worked for insurance companies, so they’re prepared for the tactics insurers might use to reject your claim.
• You will have your own lawyer the whole way, guiding and supporting you through the process, so you can step back and concentrate on getting well.

We’ve got what it takes to get you back on track. But don’t just take our word for it, check out our google reviews or watch what some of our clients say about us.