Public Liability Compensation Claims
Australian Public Liability Compensation
Recent changes to public liability laws make it more difficult to lodge successful compensation claims. For example, although you may have sustained an injury due to a fall on public property, under the new laws you may not be entitled to any compensation unless you can prove that you sustained the injury as a result of another party's negligence. In order to lodge a successful public liability compensation claim, you must now prove that the fault lay squarely with the owner or the occupier of the land on which the injury occurred.
Whilst the law states that the owner or the occupier of the property upon which you sustained the injury has a duty of care for your safety - it also states that you have a personal responsibility for your own safety. It is becoming increasingly difficult to seek compensation under public liability law as the onus of proof now rests solely upon you - the injured person. Unfortunately, if you are unable to prove that the owner or the occupier of the property is at fault then - no matter how severe your injuries are - you may not be entitled to any compensation.
What Injuries May Result In A Public Liability Claim?
There are many ways to sustain an injury that may result in a public liability compensation claim. Here are a few common examples:
- slip & fall eg. On damaged footpaths, in supermarkets, shopping centres or other retail centres
- attacked by a dog
- accidents in planes or on boats
- accident at school or in the playground
- injured at a sporting event or a recreational facility
- accidents in the home
- injuries due to defective products.
Injured somewhere else? Just give us a call and we will happily assist you.
How do I Make A Public Liability Claim?
If you have proven that the incident was the fault of the other party, and you will succeed on liability, the level of injury you have sustained must also be taken into account. The laws have recently changed and there has been a dramatic reduction in the amount that a successful public liability claim can recover. There is now a threshold that must reached in order to claim compensation for pain and suffering. This threshold is often very high and whilst your injury might have a severe impact on your life - you may find it difficult to pick up your kids, or drive to work each day - unless you reach the threshold, it is very difficult to claim compensation for your suffering.
Although you may still be entitled to claim your medical expenses and loss of earnings; it can be very difficult to get compensation for your pain and suffering.
The recent changes to public liability laws favour the interests of insurance companies by limiting the size of compensation payouts. These changes discriminate against you, the injured person. Therefore, we urge you to contact Legal Injury to discuss the options that are open to you. The insurance companies have experienced lawyers on their side and will try to cut the amount that they pay out for public liability compensation claims. As a result, it is vital that you seek legal advice before accepting any offer from an insurance company.