Thursday, 3 December 2020

Public Liability in Australia

If an incident occurs in public places like cinemas, shops, dog attacks, private places, someone’s home or a public park then that is considered public liability If you are injured as a result then you consider looking to making a public liability claim either on your own or preferably by a compensation lawyer that has experience in public liability. 

What Situations Are Defined as Public Liability?

To briefly explain, public liability refers to injuries that arise from accidents where someone else is responsible other than an employer, third-party vehicle or as a result of medical negligence. Every occupier whether private or public is obliged to fulfil the requirements of their duty of care. Some of the most common examples of public liability injuries might include but are not limited to:

  • Slip and falls
  • Public places
  • Private places
  • Dog attacks
  • Damages on skin
  • Sporting injuries
  • Aviation and sailing injuries
  • Injuries in a rental property or a hotel (such as Airbnb)
  • Fractured bones
  • Muscle injuries and strains
  • Damages from falling objects
  • Concussions
  • Physical and sexual assaults
  • Food poisoning

What Can I Claim?

You are entitled to claim compensation for past and future lost income, medical expenses including travel expenses to and from medical appointments, accommodation costs for treatment sessions, domestic care (also known as help around the house), care attendant costs, compensation both for your mental and physical pain and suffering. 

If the injuries of the claimant were assessed with a degree of 15% or greater of the most extreme case, lump sum compensation can be claimed for pain and suffering. 

Importance of Public Liability Insurance

Public liability insurance covers the physical, emotional and property damage of the third party where the owner of the place was responsible. The amount the injured party might be awarded could be in the millions. In that case, if the business owner had public liability insurance the owner would not be liable if his insurance policy covers the claim. Because of that reason the company owner should be careful to choose which Public liability insurance to choose.

Do I Need a Lawyer to Claim compensation?

It is not a must to hire a lawyer to claim compensation but, it is a well-known fact that many people are not aware of their rights. You most likely will be awarded a lot less than what you would have received if you had an experienced compensation lawyer acting for you. Working with an experienced public liability compensation lawyer will ensure you fully understand your entitlements. You can contact one to get a free case assessment. On most occasions an experienced public liability compensation lawyer can settle the claim without the need of going to court, therefore, reducing further court expenses. Please note that most compensation lawyers work on a no win no fee policy which means you are only liable for their legal costs if you receive compensation.

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