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Public Liability Claims in Victoria
In Victoria, public liability claims arise when you’re injured due to someone else’s negligence in a public place or on private property. These claims help you seek compensation for injuries suffered in places like Melbourne’s shopping centres, Victoria’s parks, or local businesses. Under state law, property owners and occupiers have a duty of care to ensure their premises are safe for visitors.
Commonly Asked Questions About Public Liability Claims in Victoria
What is a public liability claim in Victoria?
A public liability claim is a legal action taken when you’ve been injured due to negligence in a public place or on private property. It seeks compensation for injuries caused by the property owner or occupier’s failure to maintain a safe environment.
How long do I have to make a public liability claim in Victoria?
You generally have three years from the date of the incident to make a public liability claim. However, it’s best to start the process as soon as possible to ensure evidence is preserved.
What types of incidents are covered under public liability in Victoria?
Public liability covers a wide range of incidents, including slip and fall accidents, injuries from falling objects, dog bites, and accidents in retail stores, parks, or on footpaths.
How do I prove negligence in a public liability case?
To prove negligence, you must demonstrate that the property owner or occupier owed you a duty of care, breached that duty, and that this breach directly caused your injury. Evidence such as photographs, witness statements, and incident reports are crucial.
What compensation can I receive for a public liability claim?
Compensation may cover medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. The exact amount depends on the severity of your injuries and their impact on your life.
Do I need a lawyer for a public liability claim?
While not mandatory, having a lawyer experienced in public liability claims can significantly improve your chances of a successful outcome. They understand local laws and can navigate the complex legal process.
How long does a public liability claim usually take to settle?
The duration varies, but most public liability claims take between 12 to 18 months to settle. Complex cases may take longer, especially if they go to court.
What evidence do I need for a successful public liability claim?
Important evidence includes photographs of the accident scene, medical reports, witness statements, incident reports, and any correspondence with the property owner or occupier.
Can I claim for psychological injuries in a public liability case?
Yes, you can claim compensation for psychological injuries resulting from a public liability incident, such as anxiety or PTSD, provided they’re medically diagnosed.
Who pays for my public liability compensation?
Typically, the property owner’s or occupier’s insurance company pays the compensation. Most businesses and public spaces have public liability insurance for this purpose.
What if I was partly at fault for my injury in a public place?
The law recognises contributory negligence. If you’re found partially at fault, your compensation may be reduced by the percentage you’re deemed responsible. However, you may still be eligible for partial compensation.
How much does it cost to make a public liability claim?
Many law firms, including ours, offer a “no win, no fee” arrangement for public liability claims. This means you only pay legal fees if your claim is successful, and these are often covered by the compensation awarded.
Remember, while this information provides a general guide, each public liability case is unique. For specific advice tailored to your situation, it’s crucial to consult with a qualified Canberra public liability lawyer.
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