Public Liability Claims – How We Help
Injured in an incident on private or public property?
In life, accidents happen. But if you have an accident and injure yourself in a public place, and your injury is the result of someone else’s negligence, you are likely entitled to compensation.
Owners of both public and private property who allow members of the public access to and use of their property are required to maintain a safe environment free of hazards which may cause injury or, if a hazard exists, to warn people of its existence.
Perhaps one of the most famous Australian examples of a slip and fall accident was Strong v Woolworths in 2012 where Kathryn Strong, a disabled woman who required crutches to move about, slipped and fell outside a Woolworths in a shopping centre when the tip of her crutch came in contact with a hot chip laying on the floor. The High Court eventually decided in Ms Strong’s favour, finding Woolworths negligent in its cleaning and inspection system.
The rise in public liability claims and state legislation covering this area means these days, most property owners take out public liability insurance to protect themselves against any claim made against them.
The success of a public liability claim will largely depend on the individual facts of each case, which is why it’s important to document as much evidence as possible of the scene where the accident occurred as soon as possible after the accident.
Obviously if you’ve been injured, remembering to take photos of the scene, names of witnesses or passers-by, or notes of any conversations with staff (such as security guards or attendants) will be the furthest thing from your mind. You may be in the company of a friend or family member who can do these things for you, but in any event, speaking with a specialist personal injury lawyer as soon as possible after the accident is highly recommended as a key part of their job is to gather this crucial evidence.
It is vitally important this process is conducted quickly after an accident to ensure pertinent evidence is not removed from the scene, which will make your claim harder to prove.
If you’ve had an accident causing injury on a business premises, and you believe it was due to the negligence of the business, be wary of the owner or the staff of the business offering to meet medical expenses or offering a small amount of compensation for your inconvenience – these are attempts to dissuade you from contacting a public liability lawyer or seeking a greater amount of compensation through a public liability claim.
Things that can be assessed in determining the amount of compensation you might be entitled to for an injury suffered as a result of the negligence of another include:
- Pain and suffering;
- medical and related expenses such as mobility aids, devices to assist around the home, and medication;
- a compensatory amount for the gratuitous care services provided by family and friends since the accident and which might be needed in the future as a result of the injury;
- costs of transportation to and from hospitals, doctors and other treating professionals;
- damages for inability to earn income.
Be aware that there are time limits on public liability claims set by legislation in each state. In Victoria the time limit for making a claim is generally within three years after the accident, with extra time usually allowed if a child is the injured party. You may lose your entitlement to claim if you don’t act within this timeframe, which is another reason to engage a lawyer experienced in this field, as they will be well aware of the relevant time limits.
Another reason for doing so is that you may receive an initial compensation offer from the insurance company of the business where the accident leading to injury occurred. Assessing whether this offer is the “best you can do” in terms of compensation is preferably done by an experienced public liability lawyer, who can take the whole situation into account to work out the total compensation you’re due.
If you’ve experienced a slip and fall accident which caused an injury that has interrupted your life and work, get in touch with an experienced legal professional today to have your case assessed.
Our comprehensive understanding of compensation law across Australia, means that we’re able to complete your compensation matter regardless which state you reside in.
We’re a technology-driven law firm. We’re environmentally friendly – with the exception of original signed documents, we are completely paperless.
Regardless of where you reside in Australia, we can help you claim more compensation, more quickly.
At Gajic, we’re a technology-driven law firm. Our technology ensures that your compensation matter is processed in the most effective and efficient manner. We learned a long time ago that relying solely on lawyers to progress legal matters simply does not meet the expectation of clients.
Lawyers cost money, so the less you see them is a good thing. At Gajic, we’ve literally handled thousands of compensation claims, from the most simple to the most complex. We’ve got proven processes and technology to fast-track your compensation without burning money with legal appointments just for the sake of them. That’s not to say you won’t be kept up to speed, you will and if you like, we’re always available.
At Gajic Lawyers, we minimise the risk of you losing your compensation claim by only taking on those claims that we think will be successful. We do this on a No Win No Fee basis.
We also offer a free, no-obligation case assessment.
Call us for an initial chat with one of our Public Liability Lawyers
Public Liability cases are not always easy. Insurance companies often put a lot of resources into defending claims. But at Gajic Lawyers our legal team has years of experience in standing up to them and ensuring that our clients receive the best settlements possible.
To get the best possible chance of receiving the compensation you are entitled to, call our Victoria personal injury lawyers today (02) 9890 5885.