Public Liability claims cover a broad range of claims. Essentially a claimant in a public liability claim must establish that:
- They were owed a duty of care;
- That duty of care has been breached; and
- That breach of duty has resulted in injury or other loss to the claimant.
Circumstances that might lead to a Public Liability claim, include:
- Slips, trips and falls (whether in a public place such as a park or private premises such as a shopping centre)
- Schoolyard injuries
- Injuries sustained in a private dwelling
- Injuries caused by an animal
- Injuries sustained as a result of the assault
In most cases, the respondent to the claim will hold an insurance policy with a public liability component sufficient to satisfy the claim. In some circumstances, the respondent will not have insurance. In such cases, it is important to identify whether the respondent has sufficient personal assets to meet the claim.
A successful public liability claim may result in damages being awarded for pain and suffering, past and future loss of income and past and future medical expenses. Strict time limits apply to these claims and it is our recommendation that you obtain legal advice at an early opportunity.