If you have been injured in a public place and the injury has arisen as a result of an act or omission of a third party you may be entitled to bring a common law claim for personal injuries. These types of “public liability” claims can be very complex and have been the subject of significant legislative and judicial review and attention over recent years.
There are very strict rules and regulations which apply in order to bring a claim for this type of injury. Sciaccas have public liability claims experts that can provide advice for those needing legal help in Queensland. As part of our service offering we are able to provide an obligation-free first consultation where you can get an idea of your rights up front, so you can make a decision about how to proceed armed with all the information.
Public Liability law in Queensland
Public liability law covers a variety of injuries or accidents that occur in public.
This includes, but is not limited to:
- Injuries in parks
- Injuries in rental premises
- Injuries in private buildings
- Injuries caused by animals
- Schoolyard injuries
- Amusement venue injuries
- Recreational or sporing injuries
- Food poisoning
Public Liability law can be extremely complex, and as such it’s important you get appropriate legal help in order to determine your rights and ability to make a claim for compensation.
A lawyer will work with you as you will need to prove:
- The person or company at fault owed you a duty of care (they had an obligation to take measure to prevent any harm to you)
- The ‘duty of care’ was breached
- You have been injured as a result
It’s important to note that injuries aren’t always physical. Psychological injuries or stress related injuries following public liability injuries are common and can be claimed for as well.
The compensation you receive very much depends on your situation and the severity of your injuries.
Once a lawyer knows more about your situation they should be able to give you a good idea of your rights and how much you can expect to receive.
When it comes to who pays you the compensation for your public place injury, in most cases it’s the insurance company of the person or company at fault that will end up paying the compensation to you.
The individual or business responsible isn’t usually the one who will have to pay you the compensation – it’s all handled through insurance companies.
The law surrounding public liability law in Queensland allows an individual to make a claim for:
- past and future medical costs
- past and future loss of earnings
- loss of enjoyment of life
- rehabilitation expenses
- any home help or nursing help (paid or unpaid), providing certain conditions are met.
There may also be other things you can claim for depending on the nature of your injuries. A lawyer should be able to advise you once they know more about your situation.
It’s important you get the right advice for your situation as soon as possible following a public place accident.
The area of law is quite complex and there are strict time limits which govern your ability to make a claim.
Waiting too long to make a claim may mean you forgo your rights.