What is Public Liability and What Can I Claim For?

Apr 14, 2020 | Compensation Law

What is Public Liability?

Public liability is a component of Tort law or compensation law that covers civil wrongs. Compensation law is constantly evolving, but the scope of public liability remains consistent, covering all claims except workers compensation, vehicle accidents and medical negligence.

Public Liability Claims

Many people are unsure of what kind of injury constitutes a public liability claim. The term “public liability” alludes to claims made for accidents that occur in public places such as parks, high streets or other open spaces. However, other types of public liability claims include:

  • Business premises liability
  • Rental property claims
  • Faulty product claims

Businesses, individuals and public entities have a responsibility and a ‘duty of care’ to ensure that people entering their space will be safe from physical or mental harm. Individuals who are injured as a result of a failure of ‘duty of care’ are entitled to seek compensation with a negligence claim under common law.

Common public liability claims include:

  • Physical and sexual assault
  • Injuries that occur in public places such as:
    • Parks
    • Amusement and entertainment venues
    • Rental premises
    • Private property
    • Schools and schoolyards
    • Shopping centres or supermarkets
  • Food Poisoning
  • Sporting injuries
  • Boating injuries
  • Recreational injuries

If you have suffered any of these injuries, have photograph or video evidence, or have witness statements proving that you were injured due to a lack of duty of care, you may be eligible to make a claim. If you have suffered any of the injuries listed above, please give us a call at Trilby Misso Lawyers for a free assessment.

How Much Can I Claim?

The amount of compensation that you may be entitled to will depend on the circumstances of the accident, such as:

  • The severity and extent of your injuries
  • Your age
  • Your employment history
  • The amount of wages lost since the accident, and anticipated future loss of wages and superannuation
  • The extent of medical treatment and assistance required
  • Ongoing medical costs
  • How much care you require now and are likely to need in the future

The prospect of going to court prevents many people from seeking professional legal advice, however, in the case of public liability claims, most cases are negotiated and settled through mediation. Public liability compensation claims that are negotiated through discussion in this manner typically take anywhere up to 18 months to process. Compensation claims that end up in court may take in excess of two years to achieve a resolution.

If you have suffered an injury due to negligence, it is vital that you ascertain your rights and file a claim for compensation as soon as possible. Strict timeframes apply to public liability claims, and you are encouraged to seek professional legal advice within 12 months of the incident occurring. Claims are generally rejected if lodged outside the timeframes, so timely lodgement of a claim is essential.

Trilby Misso Lawyers offers a free initial consultation, and all claims are conducted on a “No Win, No Fee” basis. If you have been hurt in an accident, don’t suffer in silence or brush it off as “unimportant”, contact Trilby Misso Lawyers to discuss your rights today.