How do you make a public liability compensation claim

A public liability compensation claim refers to any claim that is made for an injury sustained in a public place that was due to a breach in the duty of care by the owner, organisation or person responsible for the premises. All public places and buildings, including rental properties and malls must have public liability insurance in order to facilitate possible compensation claims. If you are injured and you think that you may have a public liability compensation case, then we recommend that you speak to an experienced public liability lawyer. A public liability lawyer is your best way to pursue a compensation claim and succeed as they will be able to assess your situation and advise you on your chances and value.

How do you prove a public liability compensation claim?

For a public liability compensation claim, evidence of the incident that caused your injury is incredibly important. Your lawyer will need to show the following three vital elements:

The person or company at fault owed you a duty of care.

The person or company breached that duty of care.

As a consequence, you were injured and suffered loss.

If you are currently injured the following may be irrelevant, however, it is important to know that following your injury, you should attempt to do the following:

Notify the business owner/manager of your injury.

Take pictures of the injury, the object that caused your injury and the establishment. You should also make a video recalling the incident as soon as possible.

Take notes of witnesses and access any surveillance camera footage that may be available.

Seek medical assistance and then, contact a lawyer.

Remember to save all of your medical expenses, medical evidence and any relevant receipts pertaining to your injury.

Public liability cases are difficult to prove, which is why it is important that you keep the above in mind. The previous points will also help to increase your compensation value as there will be more evidence of your financial loss. Here are some of the compensatory damages that are available under the Civil Liability Act NSW 2002.

Past and future medical expenses (surgeries, treatments, medication, consultations etc.)

Pain and suffering for the past and future

Past and future loss of earnings including the loss of superannuation contributions

Cost of any other assistance required (for examples, personal care by professional organisations or domestic assistance)

Cost of adjustments to be made to one’s dwelling due to the injury (for example, the addition of a wheelchair ramp at one’s home).

What classifies as an injury under a public liability claim?

While slips, trips and falls seem to be the most popular forms of injury under a public liability claim, in reality it includes any injury or sickness as a result of a breach of duty of care, including:

Animal attacks

Sexual assaults

Food poisoning

Amusement venue injuries

We hope that this article was able to help you understand a bit more about how you claim your public liability compensation. As you would have been able to determine from the article, a lawyer is incredibly important in ensuring that you receive compensation, however, it is all dependent on your case. We hope that our guide is helpful in helping you understand the process of a public liability compensation case and what it takes to be successful in your claim.

Remember that a lawyer is your best route to ensuring that you succeed at your case. He or she will ensure that you get the most out of your case, guide you through the emotionally exhausting situation and leave you with a positive outcome. It is better to put your interests in the hands of a legal expert and instead, focus on healing and getting on with your life. In Sydney, there are many public liability claims lawyers who will be able to help you and your case.

Skye Burne is a legal advisor in a leading law firm in Sydney, Australia. He likes to write legal articles about compensation law, personal injury advice, general law advice, property law and many more.