Injury in a Public Place

The success of a personal injury claim if you’re injured in a public place largely depends on the quality of the evidence supporting your claim.

Whether you’ve slipped and injured yourself in a supermarket or tripped on an uneven footpath in a local council area, compensation for the resulting injury depends on proving the negligence of the company, government body or organisation that controls the location where the incident occurred.

Insurance companies will generally seek to deny any liability on behalf of the policy-holder, or suggest the injured person contributed to the accident so as to reduce the possible compensation pay-out, which is why comprehensive and compelling evidence in support of the claim is essential.

What follows are the key things a person should attempt to do if an injury is sustained in a public place.

The importance of collecting evidence at the time of, or soon after, the incident

The first priority if you’ve suffered an injury in a public location is obviously to assess the severity of the injury and receive medical treatment. Depending on where the injury occurs, treatment may be available close by (such as in a shopping centre), in other cases a visit to a GP or an hospital emergency department may be required.

If you have the presence of mind, or you are with a family member, friend or acquaintance, collecting evidence of the scene of the incident can significantly strengthen a compensation claim. Photos of the accident scene, the probable cause of the accident (debris on a floor or broken tiling, for example) and the surrounding environment can become persuasive evidence supporting your claim. Details of the weather (if the accident occurred outdoors), the time of the day and any other incidental details which provide context around the incident are also welcome.

The names and contact details of eyewitnesses to the incident should be collected if possible. Your personal injury lawyers will contact anyone who saw what happened to help support the claim. You should also try and obtain CCTV footage of the scene from the venue manager, if it exists.

In many large public venues such as shopping centres, office buildings or transport hubs, formal accident reporting procedures will exist. An injured person should obtain a copy of this report from the venue where the incident occurred. Similarly for a police report, if one was made. If there is no accident reporting system, the authority controlling the area where the accident occurred should nevertheless be notified of the injury as soon as possible.

Expenses and records

It’s important for an injured person to keep a record of all costs associated with the injury. From the moment you first seek medical treatment to any further medical appointments or visits to specialists, receipts should be collected for all expenses incurred – including for transport to and from the appointments. You should also keep meticulous records of your medical treatment, including x-rays, medications and any other doctor’s reports.

Consult our specialists in public liability claims

A claim after an injury in a public place can provide compensation to cover lost income, medical expenses, permanent disabilities and domestic assistance. But proving negligence on behalf of the other party can prove a high bar to clear. Speaking with our Gold Coast compensation Lawyers at Lifestyle Injury Lawyers can help ease the burden of collecting the evidence required to support your claim, as outlined in this article. We can do the hard yards for you in collating records and contacting witnesses, to give your public liability claim the best chance of success. Contact our Gold coast public liability lawyers team today.