What are they?

A Public Liability claim may arise when injuries occur on private or public property or to put it another way – if the claim is not a motor vehicle claim or a claim against WorkCover or your self insured employer, it is likely a public liability claim.

Sample public liability claim situationWhat are common examples of public liability claims?

Common examples of public liability claims are:

  • Accidents in supermarkets and shops;
  • Accidents in shopping centres including car parks;
  • Accidents on footpaths or in parks and gardens;
  • Accidents caused by contractors such as tradesmen and builders;
  • Schoolyard and playground accidents;
  • Accidents caused by faulty products;
  • Injuries caused by animals such as dog attacks.

Who do I claim against?

A claim is made against the person or company considered to be at fault in causing the accident.  Ordinarily that person or company then pass on the claim to their public liability insurer and the public liability insurer takes over conduct of the matter and pays compensation recoverable by a Claimant.

What Can I Claim?

Usually claims for compensation include an allowance for:

  • Pain and Suffering;
  • Out of pocket expenses such as medical expenses, rehabilitation expense and medication;
  • Loss of Income, both current and future loss of income;
  • Loss of Superannuation upon loss of income;
  • Future Expenses such as paid domestic assistance, medical costs and medication;
  • Interest upon losses suffered;
  • Care and assistance provided by family and friends in some cases.

What will it cost me to lodge a claim?

Like most services, what something costs depends upon the work required to complete the task.

A no win, no fee law firm undertakes the role of advancing a public liability claim for a client and does not seek payment for its services until the conclusion of the matter once compensation has been received.

The amount of professional fees each law firm charges varies and the costs are set out in its Costs Agreement with the client.

For further information about legal costs please click here to take you to our more detailed explanation of our “No Win, No Fee” Agreement.

Do time limits apply?

Yes they do.  Strict time limits apply to public liability claims.  The provisions are or can be fairly complex.  If you fail to comply with the relevant time limits then you lose your right to claim compensation even if your claim would otherwise have merit.

If you wish to explore the possibility of making a public liability claim we strongly recommend that you seek expert legal advice without delay.  We would be pleased to guide you in relation to timeframes.