This area of law includes:
- Public Liability
- Occupiers Liability
- Product Liability
Public and Occupiers Liability
If you are injured as a result of an accident that occurs on public or private property, you may be entitled to claim compensation for your injuries. In order to claim you will need to be able to prove that the injury arose as a result of the negligence and breach of duty of care on the part of the owner or occupier of the property. The owner or occupier is not held accountable for all injuries that occur on their premises, they are only liable for injuries that they have caused or contributed to through their negligence.
The difference between public and occupier liability is the location in which the accident occurred. If the accident occurred in a public place then it falls under public liability, but if it was on someone’s premises, such as in a shop or restaurant, it falls under occupier liability.
Examples of accidents that may be covered under public and occupiers liability are:
- Slip and falls.
- Accidents that occur at school, college or university.
- Recreational & Sporting accidents.
- Aviation accidents.
- Animal attacks.
- Physical and sexual assault.
If you suffer loss, damage or are injured by a deficient/unsafe product, you may be eligible to claim compensation from the manufacturer. You do not need to be the person who purchased the product in order to make a claim. Loss and damage can include injuries to the person making the claim, or injuries or death of another person and economic loss caused by damage to, or destruction of another good, land or building.
Dependants of a person injured or killed by a deficient/unsafe product can also claim for the financial losses they suffer as a result.
What should you do if you believe you have a Public, Product or Occupiers Liability Claim?
If you have been injured because of an accident that occurred on public or private property or as a result of a deficient or unsafe product, you may be entitled to claim compensation. You should first report the accident to the relevant authority such as the manager, owner, operator and/or police and seek medical attention.
In order to make a claim you will need to collect and compile evidence such as photographs, diagrams, documentation between the involved parties, health care records, witness statements etc.
Time limitations apply to common law negligence and public liability claims. You must make your claim within 3 years from the date of accident. If you wish to make a claim after 3 years from the date of accident, you will first need to obtain the Court’s permission.
If your claim is successful you may be entitled to recover the following:
- Non-economic loss/ compensation for pain and suffering, if you meet the impairment threshold
- Past economic loss.
- Future economic loss.
- Past and future loss of superannuation benefits.
- Past and future medical and treatment expenses.
- Past and future domestic care and assistance.
Please contact our office for your first free consultation.