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Have you been in a terrible accident, have been given no advice and unsure what to do? Accidents are shocking to the system, however, there are many ways to help you stay prepared and alleviate the stress.
To understand how to make a public liability claim sydney, it is first crucial to know what a public liability claim actually is.
A public liability claim involves an application made regarding injuries, whether emotional, mental or physical, which have occurred in a public place due to reasons around (but not limited to) the negligence of a person/organisation.
When making a public liability claim, it is important to note that each claim is different and circumstantial, which means that the compensation and negotiation process depends on the situation.
Types of public liability claims:
- Slip/fall injuries
- Food poisoning
- Physical assault
- Injuries due to inadequate machinery
- School/playground injuries
- Injuries at construction sites
- Assault-related injuries
“Median time lost for a serious claim increased by 32% from 4.4 working weeks to 5.8” - Australian Workers’ Compensation Statistics Report 2016-17
How to ensure you have a successful Public Liability Claim
An injury can have a traumatic effect on your life, particularly at the time of the event, as the shock causes stress and anxiety. Prior to making a claim, it is important to action the following at the time of the incident:
- Medical assistance and advice are crucial for one's health and wellbeing; do not assume the role of a medical professional. If you are injured, call 000 or call for an on site doctor as soon as possible.
- It is recommended to take pictures of the site/building, surroundings as well as the actual injury as it occurred. Surveillance camera footage is also key, as this could be a vital source of evidence, supporting the case.
- If there were witnesses noticed at the time of the incident, it is crucial to obtain their details, including names and phone numbers. This could have a large effect on your claim as it adds weight to your case.
- It is important to notify the owner/manager of the site in which the incident occurred to ensure that communication of the incident is clear and prompt.
- Reach out to a specialised personal injury lawyer as soon as possible is also recommended to help solve the claim efficiently.
Verifying a Public Liability Claim
Making sure you have the required evidence surrounding the incident is crucial as this will ultimately affect the success of your claim.
A public liability claim involves proving, among other things, that the:
- Organisation or individual was under the obligation of providing you with a duty of care
- Organisation or individual violated that duty of care
- As a result, an injury/illness or loss has taken place
If you have not made your public liability claim immediately, not to worry!
In NSW, the public has up to three years from the time of their injury to make their claim.
Public Liability Insurance
Most of the time, the claim which is being made is not directly posed toward the organisation/individual, rather against their insurer.
Many have the assumption that they are taking legal action against the business itself. However, it is rather the insurer for the business which you are dealing with.
In some cases, the person injured will choose not to seek a claim, as they have no initial pain or consequences. Only to realise a couple of weeks later that their injuries are quite serious, and may need medical surgery.
Compensatory Damages: Civil Liability Act NSW 2002
“Median compensation paid for a serious claim increased by 39% from $6200 to $8600” - Australian Workers’ Compensation Statistics Report 2016-17
Once your claim is deemed successful, compensation is acquired. Types of compensatory damages available include:
- Past and upcoming medical costs
- Suffering and distress endured
- Loss of earnings, both past and future
- All expenses regarding assistance, including personal care by organisations/family
Compensation will assist you in alleviating the pressure of your everyday tasks. No longer will you have to worry about how you are going to afford all the medical expenses or bills which are on the kitchen counter.
Example of a public liability claim: Case Study
To gain further understanding of public liability claims, it is beneficial to analyse some real-life situations.
In a recent public liability claim case, a woman was able to receive over $90,000 worth of compensation after slipping on a grape at a supermarket. Injuries included damages to her limbs and upper body.
She sought out a claim against the supermarket for negligent and careless actions by not cleaning the floor space causing a hazardous environment for customers.
The supermarket argued against the case and pleaded that it was an ‘obvious risk’ with no duty to warn the customers about the grapes on the floor.
The outcome in this case was the Court finding the supermarket in breach of its duty of care compensating the woman approximately $90,000 in damages.
Additionally, supermarkets and other stores have the responsibility to make sure all appliances are to standard and the surrounding environment is free from hazards.
Dangers in these environments include water leaks on the floor, uneven paving etc. These stores have the obligation to have a system to keep their environment clear of risk from potential customers. If these measures are not put into place, a strong case can be built against the store/supermarket.
It is important to seek the right help and contact specialist personal injury lawyers, in order to assist with an efficient claim.
Public liability claims are not simple to prove, therefore speaking to a specialist lawyer is crucial to help resolve the case without delay.
Prominent Lawyers can help you achieve a successful result regarding your claim. The expert team of lawyers will ensure to understand all your needs and provide the best outcome.
Contact Prominent Lawyers now on 1800 77 66 46 for an obligation-free consultation!
