Personal Injury

Public Liability

Financial agreements are often entered into to divide property between the parties including their superannuation interests.

Mendis & Gibson Lawyers

Public Liability Lawyers Essendon and Melbourne CBD

Owners of public spaces must exercise duty of care to ensure the safety of people who pass through those spaces. Such spaces may include parks, retail and commercial spaces, and footpaths. Should duty of care fall below the reasonable standards and a person or group of people get hurt, then the injured party may make a public liability claim and be entitled to compensation for their injury.

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What is a duty of care?

To be successful in a claim for negligence, it must be proven that the a person or organisation owed a duty of care to the injured person, that the duty of care was breached, that the breach caused the injury or death, and the breach resulted in economic or non-economic loss. In some cases, an automatic duty of care is owed, in other cases it will need to be assessed on the facts.

Mendis & Gibson Lawyers

What is required to make a public liability claim?

You must have suffered an injury in a public space due to the negligence of someone else. You may be entitled to compensation monies if your injury has resulted in medical costs, loss of income, and pain and suffering.

Some examples of public liability claims include:

If you have suffered an injury in a public space as a result of negligence, then the body who breached their duty of care may be liable to pay you compensation.

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What compensation could I receive?

The main purpose of compensation is to put you back in the position you would have been had the breach in duty of care never happened. Compensation may be ordered for matters of economic loss, non-economic loss, and future economic loss.

An injury may result in significant medical costs, taking time off work resulting in loss of income, costs for attendant care, any other pain and suffering, and loss of enjoyment of life. As such, compensation may be ordered to put you back into the financial position you held prior to the negligence, and to cover future costs likely to be incurred.

Mendis & Gibson Lawyers

When should I make a claim?

It is crucial to not wait too long to make a public liability claim. State and Federal laws have imposed limitation periods, stipulating the time frame where you are allowed to lodge a claim. Generally, the limitation period begins from the date of injury and expires three years after the date of injury.

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What will happen if I make a claim?

Seek legal advice as soon as possible if you wish to make a public liability claim. Certain information will be required from you such as medical reports, letters from you doctor, and hospital records to proceed with the claim. It may also be necessary for you to attend an independent medical examination to substantiate your claim.

Based on the information you provide, we will engage in settlement negotiations to achieve a fair outcome for you. If the matter is unable to be settled in the preliminary stages, then it may be directed to Court.

It is important to be aware that public liability claims may take a long time to be resolved. This is because it is often necessary to wait until an injury or illness has stabilised so the matter may be settled properly and fairly.

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Could the person or organisation have any defences available to them?

It is important to be prepared that the person or organisation you are suing for your injury or the death of another to have a defence. Some defences that may be claimed include:

Contributory negligence, where it is claimed the plaintiff failed to take reasonable care of themselves in the situation
Awareness of the risk, where the plaintiff voluntarily assumed the risk or there was an obvious risk in the situation
Intoxication, where it may be claimed the plaintiff was intoxicated or under the influence of drugs
Illegal acts, where it may be claimed the plaintiff was engaged in illegal activity

Personal Injury