Public Liability in Queensland

Injured in an incident on private or public property?

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Public Liability Lawyers in Queensland

No matter how athletic, graceful, or careful we may consider ourselves, accidents still happen and even the best of us can find ourselves injured from a slip and fall.

Aside from the potential embarrassment from taking a bit of a tumble in public, you may also suffer serious injuries for which you might be able to receive compensation.

What is a Public Liability Accident?

Any accident which occurs in a public place will be considered a public liability accident. Workplace injuries and injuries sustained in a motor vehicle accident are not included.

What are Common Injuries Claimed under Public Liability?

Most commonly, a person bringing a public liability claim will be suffering from a back, neck, or hip injuries caused by one of the following:

  • Slip or trip and fall accidents
  • Defective product or faulty good claims
  • Physical and sexual assaults
  • Sporting or recreational accidents
  • School accidents
  • Dog attack
  • Boating accidents
  • Entertainment venue accidents
  • Workplace accidents where a third party (not you or your employer) are at fault

Requirements for a Public Liability Claim

In order to successfully file a public liability claim, you must have sustained an injury in a public place (such as a shopping mall, school-yard, pub, or even during a recreational activity like horseback riding). Additionally, the injury must be the fault of another party and must be filed in a timely manner.

There are two main issues that will be examined when determining whether your claim qualifies under public liability. First, it needs to be established that you, the injured party, were owed a duty of care by the party who caused you injury, whether directly or through their negligence. Second, if the other party did owe you a duty of care, whether or not they failed to meet this standard of care will be determinative of your eligibility for a public liability claim.

What are Common Injuries Claimed under Public Liability?

Most commonly, a person bringing a public liability claim will be suffering from a back, neck, or hip injuries caused by one of the following:

  • Slip or trip and fall accidents
  • Defective product or faulty good claims
  • Physical and sexual assaults
  • Sporting or recreational accidents
  • School accidents
  • Dog attack
  • Boating accidents
  • Entertainment venue accidents
  • Workplace accidents where a third party (not you or your employer) are at fault

Requirements for a Public Liability Claim

In order to successfully file a public liability claim, you must have sustained an injury in a public place (such as a shopping mall, school-yard, pub, or even during a recreational activity like horseback riding). Additionally, the injury must be the fault of another party and must be filed in a timely manner.

There are two main issues that will be examined when determining whether your claim qualifies under public liability. First, it needs to be established that you, the injured party, were owed a duty of care by the party who caused you injury, whether directly or through their negligence. Second, if the other party did owe you a duty of care, whether or not they failed to meet this standard of care will be determinative of your eligibility for a public liability claim.

How Do I File a Public Liability Claim?

1. Report

As soon as possible after the accident, you should report the incident to the relevant authority. This may include a manager, supervisor, human resource officer, business owner, or local headquarters for the premises where the injury was sustained.

2. Gather

You should gather as much evidence as possible by obtaining and recording all of the relevant details of the accident. This may involve taking photographs of the conditions that contributed to your injury, as well as pictures of the injury itself. Sketching an outline of the accident and writing down your perception of the conditions which led to the accident will also be helpful to you down the road, both to corroborate your version of events but to help you keep details of the incident clear in your mind if the claims process takes a while to resolve. It is also important to get statements and contact information for any and all witnesses to the accident as their testimony may turn out to be invaluable to your case.

3. Seek Legal Guidance

Queensland, like most states, has strict time limits and a confusing claims process for public liability claims. A lawyer is your best bet to cover all your bases, get the most accurate advice regarding the success of your claim, and be a powerhouse of support throughout the entire process.

4. Seek Medical Attention

The best way to demonstrate the type and severity of your injuries is to get them assessed by a professional as soon after the accident as possible. Not only will this support your claim’s basis for relief, you may also be able to prevent worsening symptoms. Many head, back, neck, and hip injuries (which are the most common type of injuries involved in public liability claims) have symptoms that either present late or worsen over time…i.e. whiplash, concussions, and etcetera. Additionally, some claims forms may require a section to be filled out by a medical professional.

Queensland Public Liability Compensation Calculations

Though each case is different, there will be a general process undertaken to determine how much compensation the injured party will be entitled to. The types of things taken into consideration include your pain and suffering, the loss of past and future income, the value of past and future medical treatment, and the value of past and future care and assistance. The value of these factors will be based on the medical reports for experts, evidence regarding how the injury impacts your income, records of medical care and rehabilitation expenses, and the potential cost of care in the future.

If you or your family and friends have experienced an accident in a public place, compensation might be available to you. Contact one of our professionally trained lawyers today for assistance and advice regarding your unique situation.

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