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Public & Occupiers Liability

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Public & Occupiers Liability

Despite your best efforts, the world can be an unpredictable place, and accidents happen. If you have had an accident or 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 legislation that regulates your right to get you back on track.

 

Will it cost a lot of money make a public liability claim for compensation?

Injury victims are rarely in a position to pay legal costs and the expenses required to gather expert evidence and prove a claim. At Kingsley Lawson Lawyers, we can review your case and commonly offer to act on a No Win, No Fee basis. If we can do that, there are no fees to pay so long as you attend to things we need so we can progress your claim until your claim is successful. The costs total will depend on the work required to resolve your case, but we can review your situation and give an estimate that will generally be very accurate unless something unforeseen occurrs.

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 will we need to prove a successful 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 compensatable 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 origanisation 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 I have been injured or had an accident in a public or private place, what should I do?

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 what it was the cause the accident

– 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 after an accident

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

– Past and future medical expenses due to injury

– Modifications to our 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.

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