Public Liability

PUBLIC LIABILITY COMPENSATION – PERSONAL INJURY LAWYERS

Public liability insurance can be defined as a fund to protect individuals, businesses and organisations from the risk of financial liability to third parties for injury, loss of property, damage of property, pure economic loss or death.

Public Liability Laws in Australia

Public liability laws seek to cover a variety of circumstances whereby a person suffers injury or death due to the fault of another person's negligence or failure to take a ‘reasonable amount of care' - this shows the courts that a ‘duty of care' was breached. In order to satisfy the courts, contact Walsh & Blair's public liability lawyers for advice.

Public liability laws protect those injured in circumstances beyond their realm of control. This includes personal injury, property damage and economic loss.

Public liability laws may also provide compensation to those covered by the following Australian systems:

Workers' compensation
Medical indemnity / professional indemnity insurance
Property insurance
Builder's warranty
Product liability
Personal accident
Health insurance / Medicare
Compulsory third party (CTP) insurance
Product guarantee

Due to difference in state laws throughout Australia, public liability laws vary. Therefore, there are slightly different processes to follow to establish a case for public liability compensation. This stresses the need for a personal injury lawyer with expertise in handling public liability claims.

What Does Public Liability Compensation Cover?

With drastic changes in Australia's public liability laws, victims can no longer receive compensation for mental anguish, such as pain and suffering, unless the injury sustained is determined by the courts to have been a serious injury. State public liability laws now attract an ‘injury threshold' used to calculate your public liability compensation.

Walsh & Blair's personal injury lawyers have helped clients with the following public liability claims:

Slips and falls
Educational accidents (school, college & university accidents)
Recreational accidents (e.g. local parks)
Sporting or domestic accidents
Aviation accidents
Food poisoning
Animal attacks
Product liability / defective products
Physical/sexual assault

Do I Have A Public Liability Claim?

In certain cases, victims will be eligible to lodge multiple claims. Personal injury can be assessed under a combination of workers compensation, public liability and motor vehicle accident laws for each state.

Therefore, if you have been injured in a public place or even your own home, if faulty workmanship is to blame, you may be entitled to claim public liability compensation under common law. To do this, proof of negligence must be clearly presented to the courts on the part of the defendant.

What Is Product Liability? Does It Relate To Public Liability?

Product liability is a category of public liability. It focuses on awarding compensation to victims of injury sustained from deficient and/or unsafe products. It is not a requirement that you bought the product yourself, rather, that the manufacturer of the product owed you a duty of care.

Product liability claims can be assessed under the Trade Practices Act (1974) – for this reason, Walsh & Blair's product liability lawyers can advise you on the appropriate legislation.

Public Liability, Personal Injury and Workers' Compensation Claims – What's The Difference?

Road accidents are usually processed as motor vehicle accident claims. But if the accident was caused due to a road left in a state of disrepair (such as a dangerous pothole), a public liability claim can be lodged with the claim for public liability compensation.

Work related injuries that are not due to the fault of yourself or your employer can be processed as public liability claims along with a claim for workers compensation. Due to the complexity of the law, contact one of Walsh & Blair's public liability lawyers for clarity.

What To Do If Claiming For Public Liability Compensation

Report the accident to the authorities
Seek medical attention and alert the health care provider of the circumstances
Contact Walsh & Blair to get the facts and lodge a public liability claim

Public Liability Compensation – Your Entitlements

Although different from state to state, the amount of public liability compensation you can claim relates to the severity of your injury. You may be entitled to the following:

Lump sum compensation payment for pain and suffering (up to $427,000)
Medical expenses for treatment
loss of wages and superannuation payments
Future care requirements
Miscellaneous expenses (home modifications, wheelchairs etc)

How Long Will It Take To Claim Public Liability Compensation?

Once your injuries have reached a stable condition, you can lodge your claim. However, between the time of the injury and the legal proceedings, it's vital to contact Walsh & Blair in order for a personal injury lawyer to investigate the accident and acquire evidence.

It can take around two months to investigate public liability claim and around nine to twelve months to receive a decision from the courts regarding public liability compensation. However, a large percentage of public liability claims are settled out of court for fair amounts.

What Documentation Is Needed For A Public Liability Claim?

Photographs and diagrams of the accident scene and location where injury occurred
All documentation between the person or organisation involved
All documented, photographed or x-rayed evidence of the injury
Your Medicare information and any private insurance information
Contact details for all parties – yourself, witnesses, defendant and insurance companies

What Is Required From Me?

You will need to participate in medical assessments with both your doctors and the doctors selected by the organisation you are suing. Walsh & Blair's public liability lawyers then meet with you as necessary to accurately calculate the amount of public liability compensation you are entitled to.

How Much Will It Cost To See A Walsh & Blair Public Liability Lawyer?

We charge no fees unless the personal injury compensation claim is successful and we pay all outgoings such as fees for medical reports. To receive the maximum compensation for your personal injury claim, contact Walsh & Blair today and speak with a highly qualified personal injury compensation lawyer.

To receive the maximum settlement for your public liability claim, contact Walsh & Blair Lawyers today on 1800 628 559.