Public Liability Claims
If you have been injured in a public place around Brisbane or Logan, then you may be entitled to make a public liability claim to compensate you for your personal injury.
Your personal injury compensation may include:
- Past and future economic loss
- Past and future medical expenses
- Pain and suffering, and;
- Gratuitous and paid care.
If you do intend to bring forward a public liability claim, then you need to speak to our experienced public liability lawyers as soon as possible as limitation periods do apply. We can provide you with expert advice on whether or not this is a claim that is worth pursuing and what your legal avenues are.
When making a public liability claim, it is important that you are able to prove on the balance of probabilities that the public liability policyholder was liable due to a breach of duty. If the accident was caused by a foreseeable risk and that risk was not insignificant, then the chances are you would have a potential public liability claim to compensate you for your injuries.
Further to these two factors in determining your right to claim compensation due to the injuries you have sustained, it also needs to be determined whether you acted in a reasonable manner or had the opportunity to take precautions against the risk of harm. For example, if you were aware of a giant, wet and slippery puddle in the middle of a shopping centre food court and you decided it would be fun to see how far you could slide through it and then have the bad fortune of breaking your arm, then it would be determined that you didn't act as a reasonable person, and you would not be successful in making a public liability claim against the shopping centre.
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Frequently Asked Questions
What is Public Liability Insurance?
Public Liability Insurance is an accident protection policy that many businesses, shopping centres and properties will have in place to protect them from litigation and financial costs of accidental injury that can occur due to negligence.
What are the time limits for public liability claims?
Time limits to bring forward a public liability claim do apply. The first part of the claim must be lodged nine months after the date of the accident or nine months after the date that symptoms of the injury from the accident first appeared.
Should you request a law firm to act on your behalf, then the law firm has one month from the day of taking initial instructions from you to lodge the initial application.
Do I have to pay back hospital refunds out of my public liability claim?
Some hospitals do require that you refund them for their expenses and it varies from hospital to hospital as to whether they will apply a refund or not.
Are children able to claim compensation for public liability?
If your child is 17 years and under and has been injured due to negligence in a public place, then they may be entitled to compensation. As the child's parent or legal guardian, you will be able to make the public liability claim on their behalf.
What types of public liability claims are there?
- Injuries in shopping centres such as slip and falls;
- Injuries in theme parks including back injuries and physiological injuries
- Public swimming pool injuries
- Injuries from unmaintained council playgrounds
- Boating or watersport injuries
- Injuries that have occurred at an RSL, theatre or restaurant venue
- Injuries that have occurred in other public places
Do parks and playgrounds have public liability insurance?
Should you be injured on a playground, park or council property, then you can rest assured that the council has public liability insurance. It is imperative to call our public liability lawyers to seek expert legal advice.
Do I need to provide evidence?
You need to prove that on the balance of probability, negligence occurred on behalf of the public liability insurance holder. It is so important to be able to provide as much evidence as possible to support your claim, which might include photos, video footage, incident reports and witness statements. You can call our Brisbane based public liability lawyers should you need advice in regards to evidence.
I was injured while doing an extreme sport. Can I make a public liability claim?
If you have been injured in a dangerous recreational activity, then you have accepted the risk that you may obtain a personal injury. You need to have a strong argument in your claim that your injury was explicitly as a result of negligence.
I was injured due to an unmaintained road or footpath. Can I still claim?
You cannot make a public liability claim to the road authority for an accident caused by an unmaintained road. The only time this does not apply is if the road authority had knowledge of the potential risk that then materialised and resulted in a personal injury.
Again, the same rule applies to poorly maintained footpaths. Unless the council is aware or has been put on notice in regards to an unsafe footpath, then you will be unable to make a public liability claim.