Public Liability Claims

Public Liability Claims

Public liability doesn’t just cover incidents that happen in public places.

Some common examples of public liability claims include:

• Slips and falls on public or private property, including carparks;
• Injuries on private property including rental properties;
• Dog or animal attacks;
• Health and fitness injuries;
• Physical assaults;
• Playground accidents;
• Injuries at institutions such as churches and schools;
• Sporting accidents (including recreational and adventure activities); and
• Unsafe premises (such as balconies, stairs or walking surfaces).
  
  

Find out if you’re eligible for a public liability claim

Businesses and occupiers of commercial properties are required to have public liability insurance in place to protect users of the premises in the event they are injured.

Landlords of residential premises should also have insurance in place to cover injuries which may occur as a result of a defect in the premises; such as inadequate handrailing on stairs resulting in a fall or balcony collapses resulting in injury.

In non-rental domestic premises, the owners may have public liability insurance as part of their household insurance.

When you enter a public or private space, the owner/occupier owes a duty of care to you to provide a safe space where you will not sustain an injury. If you do sustain an injury due to the fault of the owner/occupier, you may be entitled to claim compensation for the injuries which result from the negligence.

What is NOT considered public liability?

Injuries sustained in the workplace are not categorised as public liability. These injuries fall under workers compensation.

You can learn more about workers compensation (WorkCover) claims here.

Injured drivers, passengers (including motorcycle pillion passengers), pedestrians and public transport users are protected under motor vehicle accident compensation.

You can learn more about TAC claims here.

Public liability claim entitlements

The type of compensation you may be entitled to claim will depend on the severity of your injury and any resulting permanent impairment.

Compensation potentially available to claimants falls within the following categories:

• Pain and suffering;
• Past loss of earnings;
• Loss of future earnings if your capacity to work is affected; and
• Past and future medical and related treatment and care expenses.
  
  

What should you do if you’re injured?

• Seek medical advice and treatment as necessary;
• Take photographs of the site where the injury occurred;
• Report the injury to the owner/occupier of the premises, preferably in writing as soon as possible;
• Keep all invoices/receipts for medical and allied health treatment and any other injury-related expenses.
• Keep a record/diary of medical and allied health appointments and time away from work.
  
  

Seek legal advice as soon as possible

Remember, time limits apply to public liability claims.

Call us for a free initial consultation. It costs you nothing to find out where you stand – 03 9069 9997