Home

Public & Occupiers Liability

Home | Areas Of Practice | Public & Occupiers Liability |

PUBLIC & OCCUPIERS LIABILITY

Despite your best efforts, the world can be an unpredictable place, and accidents happen.  If you been injured in a public or private place you may be entitled to claim compensation.

Here at Kingsley Lawson Lawyers, we specialise in helping people who have experienced slip and fall accidents or been affected through injury.  Our public liability lawyers are specialists and can help you through the complicated legal requirements which determine entitlements to compensation.

WHAT DOES IT COST TO MAKE A PUBLIC LIABILITY CLAIM?

Injury victims are rarely in a position to pay legal costs and the expenses required to gather expert evidence to prove a claim.  At Kingsley Lawson Lawyers, we can review your case and commonly offer to act on a No Win, No Fee basis.

No win, No fee costs agreements mean there are no upfront fees payable by our clients.  The total amount of legal costs in each matter will depend on the work required to resolve your case, but we can review your situation and give an estimate that will generally be accurate unless something unforeseen occurs.  It is important to bear in mind that if your claim is successful then the Defendant to your claim will pay a significant proportion, but not all, of your overall legal costs.

 

WHAT IS PUBLIC LIABILITY INSURANCE, AND WHAT DOES IT COVER?

Public liability insurance policies can cover compensation for people injured in various commercial, hospitality, and residential environments. We have specialist slip and fall and trip and fall lawyers.  We can help with cases whether you have been injured in a public or private place.

SOME COMMON TYPES OF PUBLIC LIABILITY CLAIMS ARE:

Slip and fall injuries – these could occur in shopping centres, supermarkets or other places.

Injuries experienced in rental premises, caused by faulty workmanship, installations, or repairs.

Injuries you suffered while playing sports.

Amusement park injuries.

WHAT DO YOU NEED TO PROVE A PUBLIC LIABILITY CLAIM?

That someone breached a duty of care owed to you (for example, an individual, a business, a government organisation or local council) and as a result, you suffered compensable injury or harm.

WHAT DOES THE TERM, ‘BREACH OF DUTY OF CARE’ MEAN?

A duty of care has been breached when harm or damage has been caused to a person because of the unreasonable action or inaction of another person,  business, government or council body, and it is reasonably foreseeable that such action or inaction would result in a risk of injury to that person.

In general, when a person or organisation owes you a duty of care, they have a legal obligation to take reasonable measures to ensure you are not injured. An organisation or individual might also be responsible for an injury in a situation where it is deemed that the risk of harm was foreseeable and not insignificant, and any reasonable person or organisation in their position would have taken precautions to prevent that risk.

Duty of care applies to many people, professionals, and organisations – in many places and situations you might find yourself. Some examples of who and where a duty of care applies are:

Doctors and other health-care practitioners owe their patients a duty of care

Teachers and schools owe a duty of care to their students

Restaurants owe a duty of care to their customers

Manufacturers owe a duty of care to people who buy or use their products

Landlords owe a duty of care to their tenants

Tradespeople owe a duty of care to the people who use their services

IF YOU HAVE BEEN INJURED OR HAD AN ACCIDENT IN A PUBLIC OR PRIVATE PLACE, WHAT SHOULD I YOU?

As soon as possible after you have had an injury or accident in a public or private place:

Seek medical treatment and keep any medical reports, receipts, or records

Report your injury. This might be to the manager, security personnel, or owner of the public or private property. Ensure a written record of your injury is completed

If relevant, take photos of your injuries and (if possible) what caused the incident

Keep records showing a loss of earnings caused by your injuries

Keep names and contact details of any witnesses

WHAT DOES PUBLIC LIABILITY COMPENSATION COVER?

Public liability compensation covers a wide range of effects on your physical and mental wellbeing. Every case is different, and it is best to seek legal advice.  Some examples are:

Pain and suffering

Past and future loss of earnings because of injury or chronic injury

Past and future medical expenses due to injury

Modifications to your home, for wheelchair access and other necessities after injury

Past and future care you may require

Legal costs

DO ANY TIME LIMITS EXIST FOR MAKING PUBLIC LIABILITY CLAIMS?

Yes, time limits are different in various Australian states, so it is crucial you seek legal advice as soon as possible.  Compensation can help bring some peace of mind – and financial assistance when you need it most.

Get in touch with us today. Learn more about how we can help you – and get the facts on our No Win, No Fee guarantee. You can rest assured all initial consultations are confidential and obligation-free.

Kingsley Lawson

Call Us Now!

Kingsley Lawson

Contact us