PUBLIC LIABILITY CLAIMS GOLD COAST
Public liability claims involve circumstances where someone has been injured on a public or private property. If you have suffered an injury somewhere other than at work or in a motor vehicle accident you may be entitled to bring a public liability claim.
What are some examples of public liability accidents?
- Slips, trips and falls at shopping centres;
- Accidents at places such as hotels or theme parks;
- Injuries sustained at pubs, bars or nightclubs;
- Injuries caused by animals e.g. dog attacks;
- Defective or faulty products that cause injury;
- Slips, trips and falls on public or private property including parks, gardens, footpaths;
- Injuries in rental premises e.g. landlord/tenant;
- Recreational and sporting injuries e.g. jet-ski or boating accidents;
- Physical assaults;
- Sexual assaults; or
- Playground and schoolyard injuries.
This is not an exhaustive list but are just some of the more common examples.
Am I entitled to make a public liability claim?
Public liability claims can be very complex and proving who was at fault for the accident is often not straightforward. In order for a claim to be successful we firstly have to prove that the person, company or entity that caused your accident, actually owed you a duty of care. If this is found and you suffered injuries as a result of their breach of that duty then you may be entitled to bring a claim for compensation.
In short, you must prove the following three things to have a successful public liability claim:
- That you were owed a duty of care;
- That duty of care was breached; and
- As a result you suffered injury and loss.
If you believe you are entitled to make a public liability claim you should:
- Seek medical treatment immediately and notify your doctor of all your injuries and how you were injured;
- Keep any records and/or receipts relating to the expenses you have incurred as a result of your injuries;
- Take notes of any important information relating to the circumstance of the accident e.g. the footwear you were wearing at the time, any persons names that attended the accident scene and approximate time and location of the accident; and
- Take photos of your injuries and where possible the accident scene.
What types of compensation can I claim?
If you are entitled to bring a public liability claim the types of compensation you may be eligible for, include the following:
- General damages – compensation for pain and suffering and loss of amenities of life;
- Special damages – past out of pocket expenses including medical and rehabilitation expenses;
- Loss of past and future income (including superannuation payments);
- Future out of pocket expenses – including medical and rehabilitative expenses you are likely to incur in the future; and
- Past and future care.
How much will it cost me to make a claim?
Every claim is different however, we operate on a “no win-no fee” basis for all public liability claims. This means you only pay our legal fees if you win your case. The costs themselves will depend on the amount of work involved in your claim which generally depends on the complexity of your claim, the seriousness of your injuries and the approach of the insurer.
How long do I have to make a claim?
In Queensland you notice of your claim must be given within 9 months of the date of the incident or within 1 of consulting with a solicitor, whichever occurs first. However, public liability claims are often very complex and it is therefore important that you seek urgent legal advice regarding your entitlement to make a claim.
How long does a claim take?
Every claim is different, with some being far more complex and involved than others. However, generally a claim will take around 12 to 18 months to finalise. This will depend on the facts of your particular case and the severity of your injuries. This may seem like a long time but it actually isn’t as we use this time to build your case to get you the best possible result while you access rehabilitation for your injuries and attend medical appointments. We can discuss this further with you at your free initial consultation.