How is pain and suffering compensation calculated?

PUBLISHED 05 Mar 2020

Public liability, also referred to as civil liability, is the term used to describe a legal obligation one person owes to another person based on the first person’s actions or failure to act in a way that caused the second person to suffer a loss.

For example, say you go to a restaurant and order steak while the restaurant’s kitchen is going through renovations. Suddenly, you notice shards of glass are all over your dish. If you had failed to notice, and accidentally ingested those pieces of glass, it could be hugely damaging to your internal organs, and if you can prove this issue stemmed from negligence on the restaurant’s part, you are entitled to compensation.

Who can claim public liability?

Those who can prove their property was damaged or their person was injured due to another person or business’s negligence or faulty workmanship can claim public liability. A great case study for such an issue would be Kitoko v Mirvac Real Estate Pty Ltd [2015].

The plaintiff in this case was injured in an incident in the Broadway Shopping Centre in Sydney. According to him, a slippery surface near the car park caused him to fall through a glass sliding door. He claimed damages from the shopping centre management as well as the cleaning service used. However, the defendants would go on to show CCTV footage that directly contradicted the plaintiff’s account, and the defendants were ultimately acquitted.

What does public liability NOT cover?

Any criminal or unlawful activity that resulted in the destruction of property or injury to people, as well as any deliberate act to cause such damage, is not prosecuted under the public liability umbrella.

How can Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers help you?

You have up to three years to bring a public liability claim, however, due to the time it takes to gather evidence and legal proceedings we suggest contacting a legal expert for advice as soon as possible. For free over-the-phone advice or to take advantage of our free face-to-face consultation, call our expert public liability lawyers team today on our Free Call Number 1800 004 878.

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