Public Liability Claims

If you have been injured and your claim is not considered to be one that is a workers’ compensation claim or a road accident claim then it is probably a public liability claim.

There are many types of public liability claims which include slips, trips, stumbles, falls and injuries sustained as a result of:

  • Walking in public spaces such as a park or shopping centre
  • Entering residential property and falling through a balcony or being a victim of a dog attack
  • Engaging in recreational activity – water skiing, bicycle riding, sailing, rock climbing, sailing, abseiling, skydiving, jet skiing, diving, horse riding, swimming and other such activities
  • Aviation
  • Suffering Sexual assault
  • Suffering physical assault
  • Participating in activities at an amusement park
  • Attending school or university
  • Eating harmful food or drinking substances that are harmful

The heads of damages which can be claimed are:

  • General damages for pain and suffering
  • Medical expenses
  • Loss of income
  • Superannuation benefits
  • Commercial value of care and assistance
  • Out of pocket expenses

You could be entitled to claim compensation if it was someone else’s fault. It’s important to act quickly and get early advice from Rogalski Lawyers so we can help you achieve the best possible outcome for you.

Frequently Asked Questions

Who pays compensation if I succeed in my claim?

Generally speaking, the person or entity which you have claimed against will likely have public liability insurance. This means that their respective insurer will pay the compensation amount on behalf of the person or entity of fault.

What if the person that I wish to claim against does not have insurance?

Most people and businesses hold public liability insurance which typically covers claims for public liability. If no policy of insurance exists, then a claim can be brought directly against the person or entity which is alleged to be at fault for your injuries.

Do time limits apply to claims for public liability?

In Queensland, the general rule is that you have   months from the date of the incident to lodge a notice of claim against any party which you believe is at fault and one month from the date that you consult a legal practitioner about your rights regarding the claim for compensation in respect of the incident, whichever is the earlier.

In addition, in Queensland it is generally the case that you have only 3 years from the date of injury to file court proceedings.

However, specific legal advice should be sought in your own circumstances as each case is different.

Will I need any documentation or evidence to support my claim?

It is usually very helpful if you are able to provide relevant documentation regarding the claim. For example, photographs of the injury, photographs of the environment in which the injury occurred and written confirmation that you have consulted medical professionals and paid for treatment. A typical document that is produced in such claims is an incident report form which serves the purpose of confirming that the incident occurred and it usually describes the circumstances of the incident.