What do I have to demonstrate for my public liability case to be successful?

PUBLISHED 30 May 2014

If you have been hurt in a public space, you could be eligible to make a public liability injury claim. This involves getting in touch with compensation lawyers and providing them with the particulars of your accident, so they can put together a case and (hopefully) get you the injury compensation you deserve.

According to the Civil Liability Act 2002, the burden of proof in public liability cases is on the plaintiff. To put it simply, in order to achieve a successful outcome, you and your compensation lawyers must be able to prove that a third party was wholly responsible for your injury.

So, how can you do that?

First, you need to demonstrate the third party (otherwise known as the defendant) was somehow negligent in their duty of care toward you.

If you’re not familiar with the term, "duty of care" is basically the legal responsibility of the defendant to ensure you are provided with a reasonable standard of care and not put in harm’s way unnecessarily or without prior warning.

A person who breaches this legal responsibility – in other words, is negligent – can be found liable for your injury, and required to provide you with some form of compensation.

In addition to proving the defendant behaved in a negligent way, you must also provide evidence that it was for this and no other reason that you have been hurt. The judge may consider whether your injury would still have occurred had the defendant not failed in their duty of care when coming to a decision.

There are a number of situations where proving a third party was the cause of your injury is nigh-on impossible. One is if you take part in a recreational activity that is obviously dangerous, or if the defendant has warned you of the risks involved.

Your best chance of having a successful outcome is contacting experienced compensation lawyers in Sydney.

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