What type of incidents are covered by public liability law?

PUBLISHED 09 Apr 2020

If you have been involved in an accident that may be covered by public liability law, you might be wondering what, specifically, your rights are and if you are eligible to receive damages.

You should know straight away that there are certain types of incidents which do – and do not – fall under the the Civil Liability Act of 2002. The law states that these include not only incidents that take place on publicly owned property (sidewalks, parks, open areas, etc.), but also business premises and rental properties, and even incidents involving the public issuance of faulty products.

Who can make such a claim?

Incidents that fall under public liability law include those who suffer an economic or non-economic loss – including pain and suffering, loss of amenities or expectation of life, and disfiguration – as a result of negligence or failure to uphold a duty of care. The physical or mental pain that could be covered by public liability law include prenatal injury, disease and more.

If any of the above seems to apply to your circumstances, you may be eligible to make a claim for damages from the owner or operator of the space where the incident occurred.

A closer look at the circumstances of a claim

Spaces that are open to the public are, as you might expect, subject to public liability law. For instance, if you are injured in an individual business or shopping center – such as by slipping or tripping and falling, due to spills or items left on the ground – you may be eligible for damages.

Other such areas that could fall under public liability law include accidents at stadiums and arenas, amusement parks, public parks, schools and more. This is also true of incidents taking place on rental properties that have potentially not been properly maintained, such as railings, walkways and more.

Public liability laws can also apply if you purchase a product that do not work as intended and lead to mental or physical harm. This could include consumer products, furniture, home repairs or improvements and more.

If you have been involved in an accident you believe may relate to any of the above circumstances, get in touch with the legal experts at Gerard Malouf & Partners as soon as possible. We will be able to walk you through the legal options that may be available to you under public liability law.

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