Penrose Lawyers

Public Liability

Do you have a public liability claim?

If you have been injured or suffered damage as a result of someone else’s negligence, you may be able to make a public liability claim. If you are the dependent of a person who has died as a result of someone else’s negligence, you may also be entitled to claim.

Most public liability claims are made against businesses and property owners, as they are required to carry public liability insurance.

There are many ways in which an injury or damage can occur. These include:

  • Slips, trips and falls in a public place, including shopping malls, public footpaths or swimming pools.
  • Injury due to faulty building or construction work, for example if a balcony or stairwell collapses or a fence gives way causing a fall.
  • Being bitten by a dog or other animal, causing injury, infection or disease.
  • Sporting injuries caused by unsafe equipment or facilities, for example being struck by a cricket ball or fracturing a limb due to uneven or ill maintained grounds.
  • Injuries occurring on play equipment at a playground, childcare centre or school.
  • Incidents at recreational events like clubs, bars or music festivals.
  • Damage to your goods, buildings or land.
    There are a number of things for which you can seek compensation.

These depend on the injuries sustained, but may include:

  • Medical costs, including costs you expect to incur in the future.
  • Lost income or superannuation payments to compensate you for time off work.
  •  Compensation for income you are likely to lose in the future because of your injuries.
  • Home help and carer payments.
  • Rehabilitation costs.
  • Compensation for pain and suffering.

How Penrose Lawyers
can help with your public liability claim

The person you are claiming compensation from may have public liability insurance. This means you may need to deal with their insurers to make a public liability insurance claim. Your case may also go to court if you can’t reach an agreement. Regardless of whether they are insured or not, we can help you by:

What do you need to do?

If you think you may have a public liability claim, there are several things that you will need to do. Strict time limits apply to public liability claims so it’s important that you start as soon as possible.

  • Gather evidence relating to the incident. This might include photographs of the scene, a statement from you about how the incident occurred and evidence from any witnesses
  • Collect medical evidence. You will need reports from any doctors you saw in relation to the injury, and may also benefit from an independent medico-legal report. Ideally, you will have taken photographs or videos of your injuries to support your claim.
  • Notify the other party of your intention to bring a claim: the person, organisation or business against whom you are claiming.

What do you need to do?

If you think you may have a public liability claim, there are several things that you will need to do. Strict time limits apply to public liability claims so it’s important that you start as soon as possible.

  • Gather evidence relating to the incident. This might include photographs of the scene, a statement from you about how the incident occurred and evidence from any witnesses.
  • Collect medical evidence. You will need reports from any doctors you saw in relation to the injury, and may also benefit from an independent medico-legal report. Ideally, you will have taken photographs or videos of your injuries to support your claim.
  • Lodge your claim by completing the necessary forms and sending them to the other party: the person, organisation or business against whom you are claiming.
  • Attend a compulsory conference with the other party to see if a settlement is possible. If you accept an Offer of Settlement, you will not be able to make further claims or go to court, so it’s important that you have legal advice to help you make the right decision. If you do not accept a settlement offer, the matter will process to court.
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