Making a Public Liability Claim 2024

What is a Public Liability Claim

Public liability claims are claims for injuries sustained in a private or public premise, such as a shopping centre, rental premise, amusement parks, recreational centre, public areas etc. whereby the injuries sustained are the result of the negligence of the owner or occupier of the premise.

The owner or occupier of the premise owes you a duty of care to put reasonable measures in place to prevent your injuries, such as placing a sign to warn you that the floor is wet or regularly checking the premises to remove dangerous trip or similar unusual hazards etc.

If the owner or occupier has not taken reasonable steps to protect your safety and you suffer an injury as a consequence, then you are eligible to make a public liability claim.

There are two important things that you will need to prove:

1. Your accident could have been avoided if the owner or occupier took reasonable steps to prevent it; and
2. You suffered losses as a result of the occupier/owner’s breach of duty of care

Determining liability for your injuries can be difficult depending on the circumstances of your case and the available evidence, however, once liability has been established and we can prove you sustained a loss a result of the owner’s / occupier’s breach of duty of care, then you will be able to make a public liability claim.

What can I claim?

If we are successful in obtaining evidence to show the owner or occupier breached their duty of care to you, that this breach was reasonably foreseeable and not too far remote, then under the Civil Liability Act, you will be able to claim:

1. Past and Future Economic Loss;
2. Past and Future Medical Expenses;
3. Past and Future Domestic Care & Assistance; and
4. Non-economic Loss, i.e. Pain and Suffering.

The quantum of your claim will also vary depending on the extent of your loss.

Being injured is painful and stressful, hence let our team at Schreuders Compensation Lawyers provide you with legal advice in relation to your public liability claim. If you require any assistance, please do not hesitate to contact our friendly team on (02) 9261 1799.

What is an example of a public liability claim?

Examples of public liability claims include: An explosion at a construction site which causes property damage to neighbouring premises. A customer slipping on a wet floor at a business premises. Damaged goods delivered by a business or contractor.

How long does it take to make a public liability claim?

A public liability claim is a type of personal injury claim that can be made if someone is injured in a public place through no fault of their own. In most cases, you have three years to start your claim.

Are public liability claims made?

Public liability insurance and employers’ liability insurance are both claims-occurring policies and work slightly differently from professional indemnity insurance. As with professional indemnity, for a claim under one of these policies to be covered, the insurance has to be in force at the time of the incident.