Public Liability and Negligence claims involve personal injury or property damage caused by the negligence of another party. These claims are usually pursued by individuals or entities seeking compensation for their losses.
Public liability claims
Public liability claims arise when a person or organisation is responsible for an injury or damage that occurs on their premises or as a result of their actions. This can include incidents that happen in public places, businesses, government properties, or private residences.
Example of a possible public liability claim
Imagine you’re strolling through a shopping centre and suddenly, you slip on a wet surface and fall, injuring yourself. The pain is excruciating, and you’re left with medical bills, lost wages, and a long road to recovery. You may have a right to make a claim for compensation.
These claims can cover a wide range of situations, including slip and fall accidents like the example above, injuries in public spaces, dog attacks, and accidents in commercial establishments. In Queensland, public liability claims are governed by the Personal Injuries Proceedings Act 2002.
Key things to know about Public Liability Claims in Queensland:
- The defendant (the party being sued) is often an individual, business, or government entity.
- The plaintiff (the injured party) must prove that the defendant owed them a duty of care and that this duty was breached, leading to their injury or damage.
- Compensation may include medical expenses, loss of income (past and in the future), damages for pain and suffering, and other losses related to the incident.
Negligence claims
Negligence generally occurs when a person or entity fails to exercise the standard of care that a person or entity with reasonable common sense would in similar circumstances. To establish a negligence claim, the injured party (plaintiff) must typically prove the following:
- A Duty of Care eg every road user owes a duty of care to other drivers/pedestrians;
- Breach of that Duty- think of this as the defendant falling short of the legal standard;
- Causation ie a link between the negligent act & the injury; and
- Damages ie financial loss
Negligence claims can apply to a wide variety of situations, not just those involving physical injuries. They can also involve financial harm, emotional distress, and other types of losses. A simple example is the negligent performance of work by an engineer who designed a concrete structure. Depending on the exact circumstances, a legal claim may be brought against the engineer for negligence, breach of contract or both.
If you have suffered an injury or illness you believe is as a result of public liability or negligence, please contact our experienced team for advice. Often these claims are not just about compensation; but also about seeking justice and ensuring others won’t endure the same pain you did due to negligence. The law of negligence facilitates the creation of new precedent cases that can help others in our community.
Can I recover my mounting medical and rehabilitation bills up front or do I need to wait until the end of the claim?
If the insurer admits liability at an early stage, we can ask the insurer to reimburse you for those expenses before the claim is finalised. Each request will be looked at on a case by case basis by the insurer.
How long will the claim take?
This depends on the severity of your injuries and the circumstances of your accident.
As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 9 to 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
I suffered an injury in a public place that was the fault of the owner of the property, does the owner of the property have to pay any money?
No, as long as the property owner has public liability insurance. In the vast majority of cases there is always public liability insurance so the insurer handles the claim and pays out on behalf of the property owner.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only one way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court
