Public Liability Claims

You have a number of rights if you have been injured on someone’s property or in a public place, such as a shopping centre, supermarket, shop or even a carpark. In some circumstances compensation is payable if you are injured in a street or on a road.

We investigate and pursue these claims on an “no win, no fee” basis.

In order to recover compensation for injuries sustained in a public liability claim a number of legal tests apply. These are:

1. In order to recover damages or compensation for pain and suffering you must establish that you have a degree of permanent impairment as a result of your injuries of greater than 5% (i.e. 6% or more) (or 10% for psychological/psychiatric injuries) in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition) – this is called “significant injury”;
2. There is a 3 year limit on the commencement of any legal proceedings for recovery of damages from the date that the cause of action was known, which is usually the date of the accident. Extensions can be granted in limited circumstances;
3. That your injuries were caused by some negligence or failure to take reasonable care on behalf of the owner and/or occupier of the property or land where your accident occurred, or by someone who is working on, managing or even providing security for the property.

Before your injuries can be assessed to determine whether they meet the “significant injury” threshold referred to in paragraph (a) above they must have stabilised. Stabilisation means that you have received medical treatment and your injuries have improved or healed to the point where there is unlikely to be any significant further improvement or deterioration and your injuries have reached their maximum likely level of recovery.

Even if, ultimately, your injuries do not satisfy the “significant injury” test, then provided your claim is brought within the time limit above and there is evidence of negligence or a failure to take reasonable care then you are still entitled to pursue a claim for financial or economic loss damages such as loss of earnings, loss of earnings capacity and/or medical and like expenses and home care and assistance expenses.

If you want to pursue a claim, it is helpful to do the following before you seek legal advice:

1. Take photographs of the accident scene, including what caused your injuries; and
2. Keep all medical accounts and receipts for your injuries.
3. Report the injury, if you are able to, to someone in charge at the premises.

We recommend seeking legal advice about your rights to see if you can pursue a claim.

NOTICE: This information is of a general nature and is not to be regarded as legal advice.