Public Liability
Have you been injured because a person or organisation failed to take proper care? We can help you make a public liability claim.
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Frequently Asked Questions
Do I have a Public Liability claim?
As a member of the public, you have the right to be safe. If you have been injured as the result of another person or organisation’s negligence, you may have a public liability claim.
You need to prove:
- You were owed a duty of care, and
- That duty of care was breached, and
- 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.
What types of accidents can I make a public liability claim for?
Below are just some examples of the many claims we have won:
- 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.
- 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 unsure whether your particular situation is covered, contact us today for a free consultation. One of our public liability experts will 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.
What can I claim compensation for and how much will I get?
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. They’ll be able to tell you what your entitlements are, and how much you might be able to claim.
Are there time limits?
Yes, you must start court proceedings within three (3) years of becoming aware of the seriousness of the injury. To avoid missing out on your entitlements, it’s crucial to get legal advice as soon as possible.
What should I do if I am injured because someone was negligent?
The more details that are reported and documented at the time of your accident, the easier it is to prove your case. To help, we’ve 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 possible)
- 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 as soon as possible
What will it cost me?
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 pay any fees.
Unlike most other law firms, we guarantee:
- No up-front charge for any expenses
- No fees if we’re not successful
- A clear estimate of our legal fees before we begin the work
- A loan to tide you over until you get your money (if required)
What other claims could I have?
You might not know it, but your superannuation fund has many benefits to assist you, in situations where you can’t work due to injury or illness. These are called ‘Total and Permanent Disability’ benefits, or TPD. Despite the name, you don’t have to be totally disabled — if you’re unable to do your regular job because of an injury, you’re eligible.
You might also have a claim under your personal or life insurance. Payments under these policies are usually a lump sum payment, and on top of your public liability claim.
To find out more about Superannuation, TPD, and Insurance Claims, contact us today. One of our team will talk you through all the claims you are eligible for.
Do I need a lawyer?
Often, people who have suffered an illness or injury will attempt to pursue a public liability claim without legal representation. This is especially true if you feel your injury is less significant. While this approach can be effective if every party acts in good faith, insurers will sometimes try convince unrepresented claimants that they do not have a claim, or encourage them to take a low offer.
Dealing with an insurer can be intimidating, and a lawyer can help guide you through the process. Our reputation for being tough, experienced and well-prepared means that the insurance companies are more likely to resolve your claim faster. In our experience, represented clients also receive larger settlements.
It’s vital to remember that public liability is an area of law governed by strict time frames and regulations, and a lawyer will ensure you meet all requirements, giving you the best chance of receiving compensation.
If you are hesitant to engage a lawyer for financial reasons, our No Win No Fee guarantee has you covered. There are no upfront costs, and you pay nothing until we successfully resolve your case.
If you are a member of the public who has been injured on public or private property, get in touch today. In a free consultation, our team will take you through your rights and estimated compensation, so you can make an informed decision on how to proceed.
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 hear from our clients.
How long will it take?
Once we have the evidence to support your claim, you might get your compensation in as little as six months. Most cases take a little longer (between 1 to 1.5 years), especially if you’re still waiting for your injuries to stabilise.
Will I need to go to court?
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 lower fees and less stress for you.
Can I claim for a family member who has passed away?
In Australia, you cannot claim compensation on behalf of a person who has died due to the negligence of a person or organisation. But that doesn’t mean we can’t help you. You and your family members may still have a claim for:
- Nervous shock – caused by the emotional impact of the death for you and your family.
- Compensation to relatives – when family members were financially dependent on the person who died, they may claim for this financial loss.
I signed a waiver, do I still have a claim?
If you have ever rented a car or participated in a recreational activity like team sports or skydiving, you’ve almost certainly signed a waiver.
Commonly used in the sports and entertainment industries, a waiver is a formal agreement between the person or company providing an activity, and the participants. When you sign a waiver, you acknowledge the risks associated with the activity and agree that, should you be injured, you will not bring a legal claim.
While often a signed physical form, a waiver can also be an injury risk warning on a sign or other document, such as ticket.
While this might sound watertight, the law surrounding waivers is complicated, and providers are still obligated to operate safely. Though you might have signed a waiver acknowledging your participation in a potentially risky activity, you have not necessarily waived your right to compensation.
For example, if you go horse riding, tell the instructors you are an inexperienced rider, and are offered no safety walk through or training, you may be entitled to compensation — even if you have signed a waiver.
Essentially, if you can prove the provider breached their duty of care to you, or your injury occurred as a direct result of their negligence, you may have a claim. In contrast, if your injury was caused by a known risk of the activity, the waiver may extinguish your rights to compensation.
Each case turns on its individual facts, so it’s crucial to talk to a public liability lawyer as soon as possible. Get in touch today, and our team will talk you through your options in a free initial consultation.
Can I claim if my child was injured at childcare?
As a working parent, you place a great deal of trust in the childcare centre your child attends. If your child is injured at their childcare centre, you may be upset, distressed and seeking recourse. This is where an expert public liability lawyer can assist.
Childcare workers have a duty of care to the children they work with. This means their employers are liable if a childcare worker is negligent (that is, fails in their duty of care). To prove negligence, you must establish that:
- The childcare centre or worker failed in their duty of care, and
- Your child was injured as a direct result
A crucial aspect is that the injuries could have been prevented. For example, if your child:
- Is injured on unsafe play equipment
- Is injured during unsupervised play
- Suffers an anaphylactic allergic reaction from a known allergy
You may also have a claim if the childcare centre failed to notify you, as soon as possible, of your child’s serious illness, injury or accident, including where they are admitted to hospital or missing.
It is important to note that even if the childcare centre owed your child a duty of care, and your child was injured in their care, this does not automatically mean you have a claim. The law acknowledges that accidents, particularly when dealing with large groups of children, are a reality.
If your child has been injured at a childcare centre and you are looking to start a claim or get advice on your particular situation, contact us today. We offer free, obligation-free consultations, so you and your family can get the specialist help you deserve.
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98% Success Rate
We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.
Award-Winning Lawyers
In 2020, we were awarded “Compensation Law Firm of the Year in Australia” by Global Law Experts and “Personal Injury Compensation Law Firm of the Year” by ACQ5 Global Law Awards.
Public Liability Law Specialists
We have an expert team that deals exclusively with public liability, led by Law Society Accredited Specialists. No matter how complex your claim, we have the expertise to handle it successfully.
We Maximise Your Payout
We make it our business to get you your maximum entitlements. We won’t settle for less than we know your claim is worth — no matter how hard insurers try.
4.9 Star Google rating
Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating within the industry.
34 Offices Australia Wide
With offices all over Australia, help is just around the corner. Alternatively, we can organise video conferencing, or come to you in person.
Financial Muscle
It’s no secret that public liability claims are expensive to prepare. We have the financial muscle to cover all your expenses and go the distance against the insurance companies.
Millions won for our clients
Here are some examples of our firm’s recent wins
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