This matter involved a man who boarded a commercial boat in November 2016. When disembarking the boat, an unsecured sliding door closed on our client’s hand resulting in an injury to the fingers of the right hand and soft tissue strain to the neck, right shoulder, and a twisting injury to his right knee.
As a result of his ongoing pain and suffering, he contacted Gerard Malouf and Partners to enquire about making a personal injury claim for compensation. Gerard Malouf & Partners Compensation Lawyers then began to gather evidence from our client’s treating doctors and had him assessed by an expert orthopaedic surgeon and occupational therapist to determine the extent of his injuries and provide a report on the impact these injuries had on his life.
Prior to the injury, our client was a healthy middle-aged man who enjoyed several recreational activities. He was unable to complete his pre-injury domestic duties including mowing the lawn, maintaining the gardens and washing the car as a result of his injury.
Our team obtained an expert liability report from a safety management and building specialist, who was of the opinion that it was a foreseeable hazard, that the seas could become rough at any time, and that all items on vessels should be secured to prevent them from moving. Proceedings in the District Court were commenced against the owner of the commercial boat. In an effort to keep costs down for our client, our expert team arranged a settlement conference with the Defendant prior to the matter proceeding to hearing.Â
Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.
From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
Public liability claims enable you to recoup the financial and emotional costs of suffering an injury due to someone else’s negligence. Defendants regularly offer monetary settlements to claimants, particularly if they acknowledge liability and believe they would lose in court.
But should you accept the settlement or proceed to the later stages of litigation instead, where a judge will have the final decision? Every case is different, but here are some of the factors you may wish to consider before making your choice:
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