Public Liability Claims
Get the Compensation You Deserve
Public Liability Injury Claims
All Public liability claims in QLD require proof that the injury occurred in a public or private place and was caused by someone else’s negligence.
Seymour Furlong is an experienced personal injury lawyer who can help you navigate the challenges of winning a public liability claim and maximising your compensation from liable parties who dispute their responsibility on your behalf.
Even if you are partly to blame for the accident, you may still qualify for a reduced public liability compensation payout.
We’ll Review Your Case for Free – No Win, No Fee – No On-Going Costs
Compensation Explained
If you have suffered an injury in a public space or private property due to another person’s negligence, you have the right to seek compensation through a legal process called a public liability claim (also referred to as an occupiers liability claim).
Property Owners and Landlords take out public liability insurance to protect their assets. Should an accident occur and you win your case, the public liability insurer pays your compensation claim.
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Who Can Make a Claim?
Public liability claims can be brought after a wide variety of accidents, including but not strictly limited to:
- Accidents at Parks and sports grounds
- Physical and/or sexual assaults
- Local council-owned property incidents
- Footpaths – Slip, trip or fall accidents
- Theme park accidents
- Transport accidents at Airports, buses and Trains
- Gyms – Injuries due to malfunctioning equipment
- Hotels – Assaults or accidents that occur in hotels, clubs or entertainment venues
- Falls at Shopping centres or Supermarkets
- School or Daycare based injuries
- Marine environments – Boating accidents
- Falls on stairs, verandas or balconies due to poor lighting or maintenance
- Or by
- Dog and animal attacks
- Faulty or defective products
- Food poisoning
What Can I Claim For?
Successful public liability claims can include payouts for future and past economic and non-economic losses such as:
- Lost income
- Superannuation
- Pain and suffering
- Reduced quality of life
- Medical expenses
- Medical and rehabilitation travel costs
- Rehabilitation costs
- Domestic care services
- Out-of-pocket expenses
How Much Compensation Will I Receive?
The amount of money you will receive for your claim will vary based on various factors. For this reason, there’s no set payout amount for each injury, as it will depend on how that injury impacted you. The amount of money you will receive will depend on the injury’s impact on you specifically. In assessing a public liability compensation payout, the factors that will be considered include:
- Your age
- The injuries you sustained
- Your employment status
- Your occupation
- The circumstances surrounding the injury
- Your health at the time of the injury
- Your pre-injury lifestyle
Before you sign any documentation or respond to any settlement offer you may be sent, you should speak to an experienced public liability lawyer about your rights and find out where you stand legally. Contact Seymour Furlong Lawyers to arrange a free consultation.
Frequently Asked Questions
Why do I need a public liability lawyer?
Public liability claims are generally governed by the terms of the Personal Injuries Proceedings Act (2002). As such, certain steps need to be taken to ensure a person’s rights are fully protected. There are also a number of legislative provisions that you’ll need to comply with for a claim to proceed; that’s why it’s critical to talk to a lawyer experienced in public liability claims.
Are There Time Limits To Make a Claim?
If you are injured in a public place in Queensland, strict time limits apply to making a personal claim. If you’re claiming an injury (or injuries) as part of a public liability claim, then you must notify the party that you consider to be at fault within nine months of the injury occurring or within one month of your consultation with a lawyer, whichever of these is the earliest.
These time limits are incredibly strict as they’re set by statutory law, so if you miss them, you’ll have to provide a good reason why your claim should proceed.
I had an accident on private property. Can I Still Make a claim?
Many people think their accident must occur on public property to make a claim. However, the word ‘public’ in the term’ public liability’ actually refers to members of the public, not simply ‘public place’. If you can prove that a duty of care is breached through negligent action, you can seek a public liability claim for compensation, regardless of whether your accident occurred on public land or private property.
How are past and future economic losses calculated for my accident injury claim?
If your ability to earn an income to support yourself or your family is reduced due to an accident or injury, you’re entitled to proper compensation to support yourself financially.
To calculate present and future economic loss, a court will consider the person’s future income if the incident hadn’t occurred and compare that to what their income has been since the accident and what it is likely to be in the future. The difference between these two figures will be the basis for the compensation offered.
To calculate present and future economic loss, a court will consider the person’s future income if the incident hadn’t occurred and compare that to what their income has been since the accident and what it is likely to be in the future. The difference between these two figures will be the basis for the compensation offered.
Does it matter who was responsible for my injuries?
You could be eligible for slip and trip claims compensation even if your injuries were not directly caused by the organisation (or an individual) against which your claim is made.
For example, if you slip on a spilled drink in a supermarket, you can still claim slip and fall compensation against the supermarket even if another customer spilled the drink. This is because that supermarket owes you a duty of care while you shop there and is responsible for creating a safe environment for you to shop in. If a worker ignores the spill or there isn’t a system in place to prevent slippages, then the supermarket may be liable.
Available Wherever You Are
If you’ve suffered an injury, our team is not far away. They will come to you if needed and help guide you through this difficult time.