Public Liability and Negligence Claims Toowoomba
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. Kennedy Spanner Lawyers believes in “people over profits”, meaning clients only pay legal fees that are necessary for completing a successful claim.
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.
Kennedy Spanner Lawyers, as personal injury lawyers Toowoomba, have extensive experience handling compensation claims within the Toowoomba area and can provide local expertise.
These claims can cover a wide range of situations, including slip and fall accidents like the example above. In Queensland, public liability claims are governed by the Personal Injuries Proceedings Act 2002.
Types of Public Liability Claims:
Slip and fall accidents in shopping centres or public places resulting in injury and medical treatment
Dog attacks in public or private areas leading to severe injuries and rehabilitation costs
Accidents in commercial establishments like restaurants or retail stores causing injury and financial loss
Injuries caused by unsafe conditions in government properties or parks
Accidents at private residences due to homeowner negligence
Injuries from faulty equipment or poor maintenance in public or private gyms
Accidents involving inadequate security in public venues leading to personal injury
Injuries sustained in public events or festivals due to organiser negligence
Falls or injuries on public transportation systems requiring compensation claims
Accidents in schools or daycare facilities due to inadequate supervision or unsafe conditions.
Key things to know about Public Liability Claim Process 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 claims can cover a wide range of losses, including medical expenses, loss of income, out-of-pocket expenses and damages for pain and suffering.
To support a public liability claim, it may be necessary to gather and preserve evidence such as:
Medical records and reports
Police reports and witness statements
Photographs and videos of the accident scene
Records of lost wages and expenses
Expert opinions
A lawyer can help you collect and organise this evidence to build a strong case and maximise your chances of a successful outcome. Proper documentation not only strengthens your claim but also helps in accurately assessing the extent of your damages and the compensation you are entitled to.
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: e.g. every road user owes a duty of care to other drivers/pedestrians;
- Breach of that Duty: eg. the defendant falling short of the legal standard;
- Causation: there must be a link between the negligent act & the injury and
- Damages: there must be a financial loss to the injured person.
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 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. Having expert legal representation is crucial to effectively navigate these complex claims and secure the best possible outcome.
The law of negligence facilitates the creation of new precedent cases that can help others in our community.
Frequently Asked Questions
What is public liability and duty of care?
Public liability refers to the legal responsibility of individuals or organisations to ensure that their actions do not harm others in a public or private place, necessitating public liability compensation.
Duty of care is the obligation to take reasonable steps to prevent injury or harm to others. If this duty is breached, and someone is injured, they may be able to make a public liability claim for compensation.
Public liability lawyers can provide expert legal advice to navigate the public liability claim process and achieve a successful outcome.
What is the time limit for personal injury claims in QLD?
In Queensland, strict time limits apply to personal injury claims. Typically, a personal injury claim must be filed within three years from the date of the injury. However, exceptions can apply, particularly for minors or cases involving mental disorders. It’s crucial to seek expert legal advice from experienced personal injury lawyers to understand your rights and ensure your claim is filed within the legal timeframe.
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. An experienced public liability lawyer can help you navigate the claim compensation process and ensure you receive the compensation payout you deserve.
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 Courtroom.
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 Courtroom. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
