Public Liability

Have you been injured because someone didn’t take the proper care? We can help you make a public liability claim.

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Don’t just take our word for it Read what our clients say

I got four quotes and they were the best price

Warren and his team went above and beyond to get me the best result in record time I am sure. I got four quotes and not only were they the best price, they were less than half of one of the firms you always see on TV. Seriously can’t thank these guys enough!

Myles Brown

Made my claim so easy and effortless

I would sincerely like to thank Daniella, Sally, and anyone else I’ve left out from the bottom of my heart for getting my claim over the line in 6 months or so.

The staff made my claim so easy and effortless and I highly recommend them to anyone who needs assistance in making a claim. Leave it to the experts, you will save yourself a lot of heartache.

Die Hardeagle

They supported me, in every possible way, when no one else did

I have no words to express the gratitude I feel towards the entire Monaco Team for the support and professional help they have given me in regards to my matter. Kelly, Jo, Megg and everyone involved in my case have always gone beyond their formal responsibilities to push me through very hard times and finally achieve a positive outcome. Besides their extremely professional services, they supported me, in every possible way, when no one else did. I felt encouraged to make difficult decisions and break my fears along the way.

I am thankful from bottom of my heart. I can truly recommend them, not only as lawyers but as people.

Laura Solano

We got a much better outcome than we thought possible

I highly recommend Monaco Solicitors to handle your case for the best possible outcome. They are great and Megg especially is the most professional and pleasant person to deal with. Megg communicated with us in a simple way that we could understand, she was very prepared with the case and presented it in such a way that the insurance company couldn’t find anything to say, just agreed with her.

Thanks to Megg and the team at Monaco Solicitors we got a much better outcome than we thought possible. We are thrilled with the care and dedication they provided to us.

Nada Jovanovic

Put your trust in the team at Monaco, they won't let you down

Monaco Solicitors helped me get the best outcome financially for my future after work place injuries left me unable to return to work. Ben, Daniella and team were always professional and helpful throughout the whole process, as stressful as it was for me they always gave me peace of mind by keeping in contact with me regularly on the progress of my claims and thoroughly explained the whole process to me along the way. As overwhelming as it can be I’m extremely happy I trusted the team at Monaco to deal with and handle my case, they actually showed genuine care on the hardest days for me by calling and emailing to check in on me… and that really means a lot. I highly recommend to anyone else in a similar position to put your trust in the team at Monaco, they won’t let you down.

Adam Russo

Took all of the worry of my claim away from me

My solicitor Ben and his assistants took all of the worry of my claim away from me (that is the reason that I had waited so long to appeal – as it was just too hard even though I knew I was in the right!!). They kept me fully informed of all developments and achieved what I believe to be a very successful outcome. I would very much recommend Monaco Solicitors for compensation litigation.

Peter Dorahy

They went above and beyond to understand and accommodate my difficult situation

I have had a workplace injury and the Insurance company refused to do surgery for 2+ years. Having hit rock bottom and not knowing what to do next, I called Monaco for some advice and they took me on board and helped explain my options. Being the industry I’m in and a very niche job title, I can say they went above and beyond to understand and accommodate my difficult situation. I am now getting my surgery because of their fantastic efforts to understand an absolute mess that WorkCover created.

XPSuedoX

I would recommend Monaco Solicitors to anyone needing help

I am so happy with the outcome of my case. Monaco Solicitors were very professional and their expertise and knowledge were comforting. Daniella was excellent to deal with. She kept in contact with me on a regular basis with up-to-date progress on my claim. I would recommend Monaco Solicitors to anyone needing help. All the team was very happy and helpful and always available to talk with you. My case has just taken 3 months to get an outcome from the time all the paperwork was completed. Which is an unbelievable time frame. I can’t thank them enough.

Kharli Green
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4.9
Based on 175 Reviews

Common Questions

Do I have a Public Liability claim?

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.

What types of accidents can I make a public liability claim for?

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.
  • 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.

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, and 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. 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.

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 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.

How long will it take?

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.

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 less fees and stress for you.

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 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.

What other claims could I have?

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.

Why should I trust you with my public liability claim?

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.

Have a question not answered here?Contact a Lawyer Now

98% Success Rate

We win the overwhelming majority of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim; the result is you get maximum compensation that the law permits.

Why choose our team of Public Liability Lawyers?

Recognised as one of Australia’s best Public Liability Law Firms, for over 20 years we have helped thousands of people all over Australia make successful claims and recover substantial damages in this field.

Contact a Lawyer Now

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.

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

Know that all of our lawyers make it their business to get you maximum entitlements. Insurers will try, but we won’t let you settle for less than we know your claim is worth.

4.9 Star rating on Google

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, we can help you wherever you are. And if you are too sick to travel, we can organise video conferencing, or come to you in person.

Financial Muscle

Public Liability claims are often 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

$800,000

Case goes through two court hearings and each time our client wins

Paul had just finished his shopping at a local Coles supermarket. As he walked through the supermarket’s very wet carpark, he slipped and fell heavily onto his left side – severely injuring his left hip which had recently been operated on. Paul’s injuries put him back in hospital for an urgent hip replacement. In the end Paul was left with reduced mobility, permanent scars and a psychological disorder. His treating surgeon advised Paul that he would never be able to work again.

Paul was devastated by this news and contacted our legal team. The injuries were severe, but we also know from experience that a large corporation like Coles was likely to be a tough opponent.  We had to have a plan.

We engaged a leading safety expert who began with a thorough inspection of the carpark and eventually (with our help) demonstrated that there were serious defects in its construction.  We then issued a request through the court  (subpoena)  to Coles for documents  and discovered that it was aware of these defects at the time of Paul’s accident. We then engaged to a number of highly qualified medical experts including an orthopaedic surgeon and a psychiatrist who assessed Paul’s physical and mental condition. They provided us with detailed reports on the severity of Paul’s injuries, his loss of earning capacity and the challenges he was likely to face in the future.

As we expected, Coles vigorously defended our client’s claim, The case went to trial in the Supreme Court and the judge ruled in our client’s favour. Coles then appealed that decision to the Court of Appeal. We worked hand in hand with one of the most senior and respected barristers in Australia. The result – the Court again found that Coles was negligent and awarded Paul $800,000 plus legal fees of $300,000.

$950,000

Suing local councils is not easy but we took the case on and got a great result for our client

Mateo was crossing the street when he stepped into a badly repaired pothole with dangerously sharp concrete edges. As a result of the uneven surface, Mateo rolled his ankle, lost his balance and fell to his right side, severely injuring his elbow. He required emergency surgery and then underwent three further operations and was left with permanent damage. Mateo fell into a depression and suffered psychological distress.

When we first saw Mateo we realized that the case was not going to be an easy one because under current law councils (which are responsible for footpaths) enjoy a near immunity from law suits. We need to act quickly before the pothole was fully repaired. W engage a leading safety expert and engineer to assess the public footpath and pothole where Mateo sustained his injuries. He, in turn, confirmed the area was not only in a dangerous condition but that the council repaired it badly with little thought or care for the safety of pedestrians. To add more weight to our client’s case, we reached out to our network of experts and commissioned a team of highly respected medical specialists to assess Mateo’s physical and emotional injuries. They prepared a detailed assessments on how severe our client’s injuries were and concluded that Mateo would need a full elbow replacement in the future.

Eventually we took Mateo’s case to mediation and, after two days of negotiations were able to secure a settlement of $950,000 for our client. Mateo was very pleased with this outcome and planned to use the money for future treatment and retraining for a job that would accommodate his injuries.

$1.2 million

How knowing and using the right experts can make all the difference

Oscar was a concrete tip man working on a highway project in rural NSW. On one particular day, Oscar unlatched three of the four hinges on a truck, when, due to one faulty hinge, the tray on the truck swung open and hit Oscar’s elbow forcefully, before he was able to move out of the way. The wet concrete that the truck was carrying meant that the tray that hit Oscar’s elbow was very heavy!

Oscar sustained a severe elbow injury which led to a diagnosis of complex regional pain syndrome, resulting in two surgeries and months of rehabilitation. Oscar was now not only suffering from physical injuries, but psychological ones too. This is when Oscar came to see us.

What we did next….

We engaged a leading automotive engineer, who was able to tell from the photographs of the truck that the hinge had been replaced and was not suitable for the weight of the load that the truck was carrying. We then subpoenaed the documents of the truck and found records that this truck had many defects prior to Oscar’s accident. We then engaged leading medical experts, including a pain specialist who confirmed that Oscar had damaged the nerves in his elbow and that his injury would mean he probably will never work again.

Eventually, we progressed Oscar’s case to a mediation and with the assistance of a senior barrister, we were able to secure a settlement of $1,200,000.

$700,000

Suzanna was thrown from a horse and broke her back

Suzanna, decided to attend a horse-riding establishment for some fun with friends. When signing up she informed the staff that she had not ridden a horse before and asked whether she could have a horse that was suitable for novice riders. The owner reassured Suzanna that her horse was quite old and tame. Suzanna began her ride, but along the way, she was thrown from the horse, as it stood on its hind legs. She landed on her back and sustained several fractures in her spine.

Suzanna came to see us when she was advised that she required complex back surgery with uncertain results. The key to the case was to find an equestrian expert who could comment on the case – not an easy task. After making enquiries throughout Australian we located a renowned equestrian expert, who had trained horses almost his entire life. We then briefed him with records obtained from the horse-riding business together with other relevant information. The expert provided a detailed and thoughtful report that the horse allocated to Suzanna did not have the behavioural traits suitable for an inexperienced rider.

We then briefed a leading orthopaedic surgeon who provided us with a report regarding Suzanna’s injuries, need for back surgery and the effects on her daily life. We also obtained other reports which dealt with our client’s work capacity and her need for assistance on an ongoing basis. In the end, the case was so well-prepared that it was settled for a sum of $700,000 within six months from the start of court proceedings.

$700,000

A crate falls and injures Patrick but how do you prove negligence

Patrick was injured when he attended a Toll depot as a contract courier driver. He was there to pick up a delivery package, when a crate which was on top of a forklift in the depot, tipped over and fell on him. Patrick suffered internal derangement injuries to his left knee that required surgery and many months of rehabilitation. During this time, he was unable to work and used up all his savings. It was at this point that Patrick decided to seek legal advice and came to see us.

In order to win Patrick’s case we had to understand exactly what caused the accident. Every detail of the Toll depot’s system of work was reviewed and analysed by our lawyers. Armed with this information, we engaged an occupational health and safety expert who prepared a report which clearly established that the accident was as a result of poor safety procedures in the Toll depot. We were very happy with this report, as we knew this was the key that would unlock the case.

We then briefed several leading medical experts including a rehabilitation specialist and an orthopaedic surgeon specialising in traumatic injuries. Eventually the case settled very successfully for a sum of $700,000. Both our lawyers and Patrick were very pleased with the result.

What to expect
Your Public Liability Claim Process

  1. You get in contact During your free consultation, you tell us what happened, and we advise you if you have a claim.
  2. We gather evidence We aim to build a strong case for you, which includes surveillance footage, witness statements, expert medical reports, documents from accountants etc.
  3. You might attend an independent medical examination This is so we can work out the amount of compensation you can claim for your pain and suffering, loss of wages or earnings, as well as your personal care needs and requirements. Again, we organise everything, including an interpreter if you need.
  4. Your Settlement Conference Most likely, your matter will settle out of court. This is where decades of specialised experience come into play. With all the evidence we’ve gathered, we negotiate the maximum settlement we can for you.
  5. Court In the rare instance (less than 5%) your case needs to go to court, we guide you through the entire process. We have the skills and the financial muscle to go head to head with the insurers, so you will get the maximum compensation you deserve.

Work with our award winning team

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