Public Liability

Businesses, individuals and organisations who own or occupy premises are required to ensure those who enter their premises are safe. This obligation extends to a variety of private and publicly owned premises including public, retail and commercial property, rental premises, sporting fields and publicly owned footpaths. These occupiers are required to carry public liability insurance in the event that someone is injured whilst on their premises.

If you have suffered injury as a result of someone else’s negligence, you may be entitled to commence a public liability claim against their public liability insurer. If you were injured on another person’s private property, their home and contents insurance will provide coverage for public liability.

There are many circumstances which can give rise to public liability. The most common injuries include slips, trips and falls due to hazards involving the following:

• Supermarkets, shopping centres and other retail outlets
• Playgrounds and schoolyard incidents
• Injuries sustained on private property, including rental premises
• Injuries arising from recreational activities
• Sporting injuries.

Can I Make a Claim?

In order to succeed in a public liability claim, you need to demonstrate that you were owed you a duty of care and that the duty was breached. In order to prove a breach of duty, a number of requirements must be satisfied, including that the risk of injury was foreseeable. Once you have proved the existence of a duty of care and breach, you must establish that the breach of duty caused your injuries. Ticli Blaxland Lawyers have a team who can investigate your potential public liability claim. If you have been injured in a public place, it is important that you seek our specialist legal advice to ensure you are fully informed of your potential right to claim.

What Can I Claim?

Depending on your circumstances, you may be able to claim compensation for loss of wages, treatment expenses, travel expenses, domestic assistance and pain and suffering.

What Should I Do If I Think I Have a Public Liability Claim?

Before making a public liability claim, there are steps you can take to make it easier to claim your full entitlements, including:

• Obtaining a copy of any incident reports or CCTV footage
• Obtaining a copy of any reports of the incident made to third parties including police
• Photographs or your injuries and place of incident
• Contact details of any witnesses
• Seek medical treatment from your treating General Practitioner