If you’ve incurred an injury in a public setting, the first step toward obtaining the compensation you deserve is learning about the public liability claim process: The legal nuance, what you can and cannot claim, fees and compensation expectations.
In the pursuit of getting compensated, the heavy lifting isn’t on you. Our public liability lawyers will guide and represent you at each step of the process, providing you with the legal advice necessary to ensure that your payout is maximised.
Whether you’re currently in communication with a solicitor or not, the following article will give you insight into the public liability claim process, helping you to take a step forward toward gaining the payout you’re owed.
Public liability claims: An overview
If you’ve been injured in a public place due to someone else’s negligence, you may be able to pursue compensation, also known as filing a public liability claim. Although, compensation rates vary depending on the nature of the injury, public liability claims may provide coverage for:
- Lost income: Public liability claims provide compensation for economic losses resulting from time off work due to the injury and may also cover future earnings that could be affected by the injury.
- Medical expenses: All medical expenses tied to the injury may be compensated for, including hospitalisation costs, surgical procedures, medication, healthcare-related travel expenses, and any other necessary medical treatments or therapies.
- Domestic assistance: This includes compensation for any expenses incurred in hiring someone to assist with household chores, cleaning, cooking or any other tasks that a person is unable to perform due to their injury.
You may receive a lump sum payment or instalments depending on the specifics of the claim. A one-off payment may be granted if the injury is permanent, requiring ongoing medical attention. Likewise, lump-sum compensation may be awarded for the pain and suffering incurred, referring to the physical and psychological distress caused by the injury.
Public spaces where personal injury commonly occurs
All public spaces have the legal obligation to ensure the safety of individuals who enter them — common public environments in which public liability claims commonly arise include:
Restaurants and cafes: If you sustain an injury in a restaurant or cafe due to the negligence of the staff or management, such as slipping on a wet floor, by faulty equipment, or through food safety violations (severe food poisoning, unhygienic food handling, allergic reactions, etc), you may have grounds for a public liability claim.
Rental properties: If you became injured in a rental property due to the landlord’s negligence, such as faulty electrical wiring, inadequate security measures or structural defects, you may be eligible to pursue a public liability claim against the property owner.
Schools: If you or your child sustained an injury at a school, whether it’s due to unsafe premises, lack of supervision or negligence during activities, you may be able to seek compensation through a public liability claim against the school or educational institution.
Shopping centres and supermarkets: If you became injured while at a shopping centre or supermarket due to hazardous conditions like slippery floors, falling objects or neglected premises, there’s a possibility to pursue a supermarket accident claim against the property owner or management.
Other common public environments in which injuries occur include parks and recreational areas, hotels and stadiums, among others.
Irrespective of what space you were injured in, you generally have three years from the date of injury to make a public liability compensation claim, though there are exceptions to this rule which your personal injury lawyer will guide you on.
On what grounds can a public liability claim be filed?
Public liability claims are complex; while your solicitor will advise you on the validity of your case, here are three criterion to give you a sense on whether your claim may be substantiated:
- You incurred your injury in a public space.
- The injury is a direct result of another’s negligence.
- You have sustained economic loss or non-economic loss as a result of your injury.
Negligence refers to the failure to exercise reasonable care or caution, resulting in harm or injury to another person. In the context of a public liability claim, negligence refers to the responsible party’s failure to fulfil their duty of care towards the public.
The legal process: Establishing public liability
As the public liability claim process differs slightly depending on where in Australia you’re based, your solicitor will help you navigate the specific regulations and requirements of your jurisdiction. Commonalities do exist across state lines — here are a few key aspects of the public liability claim process that remain consistent throughout Australia:
Incident reporting: Promptly report the incident to the appropriate authorities or property owner. Or, have a solicitor assist you in reporting the matter.
Medical evaluation: Receive treatment from a healthcare professional to document your injury and assess its severity. Keeping comprehensive medical records, including diagnoses, treatment plans and associated expenses, will be necessary for supporting your claim.
Evidence collection: Work with your solicitor in the gathering of evidence to substantiate your claim. This may encompass documenting the injury scene through photographs, videos, securing witness statements and obtaining medical reports, among other relevant documents.
Determination of liability: In collaboration with your solicitor, you’ll identify the responsible party or parties for the accident, taking into consideration the circumstances of the incident and relevant legal frameworks in your jurisdiction.
Do public liability claims reach the courts?
Public liability cases may be resolved in several ways, including through:
- Settlement negotiations.
- Alternative dispute resolution methods such as mediation or arbitration.
- Litigation.
In many instances, public liability claims are resolved through settlement negotiations. This involves the injured party and their legal representative engaging in discussions with the responsible party’s insurance company or legal team to reach a mutually acceptable agreement. Settlement negotiations can result in a financial compensation amount that adequately provides coverage for the damages and losses suffered by the injured party.
If a settlement agreement cannot be reached, mediation or arbitration may be utilised.
Mediation involves a neutral third party guiding discussions between the involved parties with the goal of helping them reach a resolution. Arbitration, on the other hand, involves presenting the case to an impartial arbitrator who will make a binding decision after considering the evidence and arguments presented by all parties.
If a settlement still cannot be reached through negotiation or alternative dispute resolution, the public liability claim may proceed to litigation in court. In such cases, both parties present their evidence and arguments before a judge or jury, who will then make a decision based on the applicable laws and the presented facts.
Going to court can be a lengthy and expensive process, but it may be necessary if the parties cannot reach a satisfactory resolution through other routes.
Public liability claims generally settle within 12 to 18 months, although timelines vary depending on the nature of the case. A case may be drawn out if there are complex legal issues, multiple parties involved or if either party decides to appeal a decision made by the court. Additionally, court backlogs or delays in scheduling hearings can contribute to a longer timeline for resolution.
Public liability claim compensation
The following factors are taken into consideration when determining the amount of compensation a victim is owed:
- Severity of the injury: The severity of the injury — whether physical or psychological — plays a significant role in determining the compensation amount. More severe injuries that result in long-lasting or permanent damage generally warrant higher compensation; particularly those which warrant ongoing treatment.
- Age and life expectancy: Younger victims with a longer life expectancy may receive higher compensation to cover the costs they’ll incur over their lifetime, relative to older victims.
- Pre-existing conditions: If the victim had pre-existing health issues that were worsened or aggravated by the incident, the compensation may be adjusted accordingly.
- Future medical needs: If a person’s injury requires ongoing medical treatment, surgeries, medications or therapeutic intervention, the compensation they receive may include an amount specifically intended to cover these anticipated expenses.
The amount of compensation may also be influenced by comparative and contributory negligence. When the victim bears partial responsibility for the incident that caused the injury, their compensation may be reduced proportionately according to their degree of fault. Moreover, in some jurisdictions, if the victim’s own actions or negligence contributed to their injury, they may not receive any compensation at all.
Factors affecting compensation amount
The following factors are taken into consideration when determining the amount of compensation a victim is owed:
- Severity of the injury: The severity of the injury — whether physical or psychological — plays a significant role in determining the compensation amount. More severe injuries that result in long-lasting or permanent damage generally warrant higher compensation; particularly those which warrant ongoing treatment.
- Age and life expectancy: Younger victims with a longer life expectancy may receive higher compensation to cover the costs they’ll incur over their lifetime, relative to older victims.
- Pre-existing conditions: If the victim had pre-existing health issues that were worsened or aggravated by the incident, the compensation may be adjusted accordingly.
- Future medical needs: If a person’s injury requires ongoing medical treatment, surgeries, medications or therapeutic intervention, the compensation they receive may include an amount specifically intended to cover these anticipated expenses.
The amount of compensation may also be influenced by comparative and contributory negligence. When the victim bears partial responsibility for the incident that caused the injury, their compensation may be reduced proportionately according to their degree of fault. Moreover, in some jurisdictions, if the victim’s own actions or negligence contributed to their injury, they may not receive any compensation at all.
Pursuing a public liability claim with expert legal counsel
When considering pursuing a public liability claim, it’s necessary to seek advice from skilled legal professionals to effectively navigate the nuanced legal process and increase the likelihood of a favourable resolution. Engaging an experienced solicitor who specialises in public liability claims will offer ongoing assistance and direction throughout the entire claim process, safeguarding your rights and ensuring you gain just compensation for your injuries.
When choosing a solicitor, consider their expertise, track record and reputation in handling public liability cases. A skilled public liability lawyer will assess the merits of your claim, gather evidence, liaise with insurance companies and opposing parties, negotiate settlements on your behalf and, if necessary, advocate for your rights in court.
Remember, public liability claims have a cut-off date, therefore consider consulting with a solicitor as soon as possible to ensure that you meet all necessary deadlines and preserve your right to seek compensation.
No-win, no-fee lawyers
The expert public liability solicitors at GMP Law operate under a no-win, no-fee basis, meaning that you won’t have to pay any legal fees unless your claim is successful. As we take on all the upfront costs, this arrangement provides you with financial peace of mind and reduces the risk involved in pursuing your claim.
To begin the claim process, reach out to our team today for a free consultation.
