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

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 not only leaves scars, both physical and psychological, but can also result in financial hardship. Add to this the pressures and uncertainty of litigation, and it can all be a bit too much. It is for these reasons, that:

  • 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 policies provide cover for those who are totally and permanently disabled due to an accident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation.

Further, you may be able to receive some funds through a personal insurance policy. For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an incident.

At MCL, we have a senior team of lawyers that are specialised in Superannuation/Total and Permanent Disability who can determine whether you are covered under policy. For more information about superannuation claims, please visit superannuation page. Call us today to talk to one of our experts at 1300 769 665.

Why choose MCL?

MCL is one of Australia’s premier compensation law firms. We are confident in our abilities. That is why we provide a ‘No Win No Fee Guarantee’ to all of our clients. This means that you will only need to pay us for our work if and when your claim is successfully finalised.

Our lawyers have the expertise and experience to take on the big insurance companies. We also have the financial muscle to go the distance against the limitless resources that can be deployed by the insurers.

At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your claim.

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