No premises is an island

Date: Sep 14, 2016

While Margaret Thatcher envisioned a world where there was no society, only men and women, in Australia, society continues to live strong and true. As a member of a national community, individuals must be aware of the impact they have on the people around them. The only way to avoid this is by living on a desert island, with nobody in sight.

So how is this relationship conceptualised in Australian law, how could it impact you and your actions and what does a compensation lawyer have to do with it?

Public liability, injury and obligation in Australia

The legal obligation we owe others is an established idea, and has been for a long time. In Australia and many other countries around the world, it’s called liability. In general terms, it is the duty that we owe members of the public – to help ensure their safety and wellbeing.

Accidents do happen and it’s not uncommon for them to occur due to the actions or fault of others. Depending on the parameters of the accident, the individual injured may have a right to make a public liability injury claim.

The reason for this is that if a person, shop or organisation fails to honour the duty they owe, a person can seek compensation.

Jockey injury leads to liability case 

Let’s look at an example to drive home the point.

Back in 2010, a jockey was seriously injured while participating in a race at Mooney Valley Racecourse. While WorkCover covered the medical costs of the jockey, they accused another jockey of negligence. As a result, the organisation is suing the other jockey for around $1.4 million.

WorkCover argued that the uninjured jockey acted negligently and failed to care for the other jockeys near his horse. In other words, the jockey’s actions did not indicate that he considered the impact they would have on others.

Liability can take other forms too. If a shop fails to ensure a safe space for the general public, it can be found to be negligent. Supermarkets, malls and other commercial entities all owe a duty of care to the public, customers and workers.

If you have been injured in a similar situation, it’s important to seek the expertise of compensation lawyer. At Gerard Malouf and Partners, we understand the ins and outs of liability. Talk to one of our representatives today to find out more.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.