Public Liability Claims
Public Liability
Claims
An injury can happen almost anywhere. Whether you have slipped on a wet supermarket floor, tripped over a dangerous hazard, been injured at a shopping centre, park, hotel, rental property, sporting venue or other public or private premises, you may be entitled to compensation if your injuries were caused by someone else’s negligence.
A public liability claim arises where a person, business, property owner, occupier, local council or other organisation fails to take reasonable care to ensure that premises or activities are reasonably safe, and that failure causes injury. In Queensland, these claims are commonly brought under the Personal Injuries Proceedings Act 2002 (Qld) and are governed by well-established principles of negligence.
Public liability claims can arise in a wide variety of circumstances. Common examples include slips, trips and falls, falling objects, unsafe footpaths or car parks, defective stairs or handrails, inadequate lighting, hazards in shopping centres or supermarkets, injuries at hotels, restaurants, clubs or sporting venues, accidents at schools or childcare centres, injuries on rental or residential properties, dog attacks and other animal attacks, negligent security, defective products, swimming pool accidents, and injuries caused by unsafe maintenance or cleaning practices. Every case is different, and the circumstances surrounding the accident must be carefully investigated to determine whether another person or organisation failed to take reasonable care.
I assist clients who have suffered all types of injuries, from fractures, soft tissue injuries and ligament damage through to spinal injuries, traumatic brain injuries, psychological injuries, chronic pain, permanent impairment and other serious or catastrophic injuries. I also assist families who have lost a loved one as a result of a fatal accident.
To succeed in a public liability claim, it is generally necessary to establish that the owner, occupier or other responsible party owed you a duty to take reasonable care, breached that duty by failing to identify, rectify or warn of an unreasonable risk of harm, and that the breach caused your injuries and resulting loss. The mere fact that an accident occurred does not automatically mean someone was negligent. In some cases, a hazard may be considered obvious, or it may be found that the injured person contributed to the accident. Even in those circumstances, however, you may still be entitled to recover compensation depending on the facts of your case.
Compensation may be available for pain and suffering, past and future loss of income, medical and rehabilitation expenses, treatment costs, care and assistance provided by family or professionals, travel expenses, future medical needs, home modifications, and other financial losses arising from your injuries.
If you have been injured, it is important to seek medical attention promptly and, where possible, preserve evidence of the accident. Photographs of the scene, details of any witnesses, incident reports, CCTV footage, and the identity of those responsible can all become important evidence. In many cases, hazards are repaired or removed shortly after an accident, making early investigation critical.
Strict time limits apply to public liability claims in Queensland. In most cases, a formal Notice of Claim must be given within prescribed statutory timeframes, and court proceedings generally must be commenced within three years of the incident, although exceptions may apply in some circumstances.
I understand that a serious injury can affect every aspect of your life, including your health, your family and your financial security. My role is to guide you through the claims process from beginning to end, explain your rights in plain English, investigate the circumstances of your accident, deal with insurers on your behalf, and ensure your claim is presented as strongly as possible. My focus is on achieving the best possible outcome while making the legal process as straightforward and stress-free as I can.