Public Liability

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If you believe that you have received an injury as a result of negligence, you may be entitled to claim compensation for your injuries and losses.

Under Australian law, an occupier of the land or premises owes a duty of care to members of the public. Similarly, service providers under certain circumstances also owe a duty of care to their customers and clients. In general, the law imposes a duty on individuals and companies to take reasonable steps and ensure the safety and well-being of customers, members of the public and other individuals.

You may therefore be entitled to claim compensation if you believe that the person or service provider failed to provide ‘reasonable care’ and caused injury and loss.

There are strict time limits on these kinds of claims, so you should talk to a lawyer as soon as possible.

We will use our legal expertise to help you

At Monaco Compensation Lawyers (MCL), we are experts in public liability law.

We have a team of lawyers who specialise in this area of the law. Senior members of the team are Law Society Accredited Specialists in Personal Injury Law

Free initial consultation

We offer a free initial consultation where we meet with you and evaluate whether your claim is viable from a legal perspective.

Alternatively, contact us on 1300 769 665 and one of our legal experts will provide you with free initial advice over the phone the first time you call our office.

No-Win – No-Fee Guarantee

We believe that everyone should have access to legal representation irrespective of their financial situation.

It is for this reason that we have introduced our No-Win-No-Fee Guarantee. This scheme allows for payment of our legal costs to be postponed until after the successful conclusion of your claim. No successful outcome, no fee owing. It is as simple as that.

If you have a valid claim, we will offer you a No-Win – No-Fee contract. It is a simple and easy-to-understand document that we will provide you before we start work on your claim.

Would you like a free initial consultation with a lawyer who is an expert in public liability claims?

If so, call us now on 1300 769 665.

Common Questions

Do I have a claim?

The law imposes a duty on certain individuals and service providers to ensure the well being of their patrons. If they fail in this duty, they may be held liable for the injury and loss, which arises from their negligence. The law allows you to make a claim against a service provider or individual if you establish that:

  • The person or company owed a duty of care to you;
  • That the person or company breached their duty of care. For example, a supermarket must ensure the health and safety of its customers. If a customer slips and falls due to a spill on the floor, this may be a breach of the supermarkets duty of care; and
  • That any injuries or disabilities you have suffered result from the breach of duty of care by the person or company.

Public liability covers a large number of situations, including, but not limited to:

  • Injuries in parks or other public places (e.g. slips, trips and falls);
  • Injuries in rental premises (e.g. landlord/tenant);
  • Injuries in private buildings (e.g. shopping centres, night clubs or bars);
  • Injuries caused by animals (e.g. dog attacks, horse-riding accidents);
  • Back injuries as a result of a fall in public;
  • Schoolyard injuries;
  • Amusement venue injuries;
  • Recreational and sporting injuries (e.g. jet-ski and diving accidents);
  • Aviation and boating injuries; and
  • Physical assaults.

Public liability is much more than a simple mistake or omission. The law is complex and claims require thorough preparation by an experienced lawyer. It is, therefore, crucial to obtain legal advice sooner rather than later. Call us on 1300 769 665 for a free consultation with one of our lawyers

What do I do if I suffered an injury as a result of someone's negligence?

Over the years, we have had the privilege to represent thousands of our clients who were injured as a result of someone's negligence. Sometimes they come to us after months and even years have passed following the injury. When the accident is not properly reported or documented, it can lead to problems with proving the case. As a result, we have put together a checklist of things that the person should do in this situation:

  • Getting medical attention right away, even if your injuries appear to be minor;
  • Informing the establishment as soon as possible about the accident;
  • Take photographs of the accident location (both before and after any repairs);
  • Take photographs of your injury;
  • Keep copies of medical records, x-rays and scans and any correspondence between yourself and the other party;
  • Obtaining legal advice sooner rather than later; and
  • You will need to commence court proceedings within 3 years from the time when you became aware of the seriousness of the injury and the fact that this injury may have been caused by the negligence of the other party.

Call us on 1300 769 665 for a free consultation with one of our lawyers.

How can MCL help me?

Following the initial conference, our lawyers will:

  • Evaluate your claim;
  • Gather necessary evidence, such as names, surveillance footage; details of the other party involved;
  • Contact the party at fault if and when required;
  • Obtain all the necessary expert medical evidence;
  • Obtain additional evidence, which may be relevant to your claim, including documents from accountants, actuaries, occupational therapists, liability experts and the like;
  • Commence court proceedings where appropriate and navigate your claim through the court system;
  • Ensure that you receive thorough and comprehensive advice at every stage of your claim, including informal settlement conferences, mediations and court hearings; and
  • Ensure you obtain the maximum compensation you deserve to ease your pain and suffering.

Can I get free advice over the phone?

At MCL, our lawyers are more than happy to provide you with free initial advice over the phone. In fact, you will be able to speak to one of our specialists the very first time you call our office. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.

After your free initial phone consultation with one of our lawyers, we can arrange an appointment with you at any of our offices.

In some cases, we understand that it may be difficult for you to travel. In this situation, we can always arrange a home or hospital visit.

Things you need to know about the claim process

In New South Wales, the relevant law with respect to public liability claims is called the Civil Liability Act 2002 (NSW). The law is quite complicated, however, some of its more important features are as follows:

  • It defines the types of compensation you can claim under the law;
  • It defines the nature and extent of duty of care that applies in particular circumstances;
  • It creates defences to potential claims in certain circumstances, such as recreational activities or claims made against government instrumentalities;
  • It establishes time limits for bringing a claim against person or company; and
  • It limits the recovery of compensation and legal costs in certain situations.

Once medical evidence is obtained in support of the claim, we usually recommend that legal proceedings be commenced. The Courts ‘Case Manage’ proceedings to ensure they move through the system in an orderly manner. In our experience, a case commenced in Court will be completed approximately 1.5 to 2 years later.

The courts now require that the parties attempt to resolve their dispute at a compulsory mediation or settlement conference before listing the matter for hearing. The majority of claims (90-95%) are finalised in this way prior to the court hearing.

No matter what your case is, we have the resources and dedication to ensure that you get the best possible result. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.

What sort of compensation am I entitled to?

The law allows you to recover compensation with respect to the following:

  • Pain and suffering (non-economic loss); and
  • Past and future wage loss or loss of earnings;
  • Past and future loss of superannuation entitlements where appropriate;
  • Past and future expenses (such as medical, travel and home and vehicle modifications);
  • Care and help provided by friends, family or commercial care costs.

The aim of the law is to put a monetary value on the losses suffered by an injured person. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your entitlements and potential value of your claim.

What will it cost – No Win No Fee Guarantee

Injury and trauma can often leave both physical and psychological scars. It can also lead to financial hardship. Add to this the pressures and uncertainty of litigation, and it can all be overwhelming for you and your family.

It is for these reasons:

  • We offer No Win No Fee Guarantee;
  • We offer free advice at your initial consultation;
  • We do not charge for any expenses and will cover all expenses including medical reports and court filing fees, unless we successfully resolve your case;
  • Unlike other firms, you do not have to pay us back the money we have spent on your case if you do not win;
  • We provide you with a simple and easy to understand contract before we begin the work; and
  • We provide a clear estimate of our legal fees before we begin the work.

What else can I claim? Superannuation/Total and Permanent Disability

Many superannuation insurance policies provide cover if you are totally and permanently disabled.

Payments under these policies will usually be in the form of a lump sum and are provided on top of any other claims, such as a claim for compensation.

In addition, you may be able to make a claim under a personal insurance policy. For example, you may be able to claim compensation if you have life insurance, income protection insurance, or sickness and accident insurance.

At MCL, we have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They have the skills and experience to determine whether you are covered under these policies.

If you'd like to find out more about making a superannuation or TPD claim , then please call us on 1300 769 665.

Why choose MCL?

MCL is one of Australia’s premier compensation law firms.

Our lawyers have extensive experience in handling these kinds of claim. This means that your case will be assessed, valued and prepared expertly and efficiently.

We also know how to navigate your case through the court system in order to get the best possible result for you as quickly as possible.

Our lawyers have the expertise and experience to take on the large insurance companies that usually represent the medical service providers in these claims. Just as importantly, we have the financial muscle to go the distance against the limitless resources of these large insurers.

Our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer you fair and reasonable compensation for your injury or loss.

We provide a ‘No Win No Fee’ guarantee to all our clients. This means that you only pay us for our work after the successful conclusion of your claim.

Finally, if you entrust your matter to us, you will have your own lawyer, who will always be available to answer your questions and support you through the claims process.

Would you like a free initial consultation with a lawyer who is an expert in public liability claims? If so, call us now on 1300 769 665.

10 Reasons To Choose Us

No Win No Fee Guarantee

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury Law Firm of the Year 2018 (ACQ5 Global Awards) and Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards).

4.7 Star rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, Monaco has the highest Google rating within the industry.

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 43 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in compensation

At Monaco, our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Public Liability claims, headed up by an Accredited Specialist. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

Don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

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