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Public Liability Law: Public Liability Insurance Public Liability Claims & Compensation
Public liability insurance protects individuals, businesses and organisations against the financial risk of legal liability to third parties for death or injury, loss or damage to property, or ‘pure economic’ loss.
The situations where such liability can arise are many and varied. In certain circumstances, you may be able to bring a Public Liability Claim for damages notwithstanding the fact that you may also have the right to claim Workers Compensation benefits. For example; your employer sends you from you place of work to the supermarket to buy lunch for the staff and while at the supermarket you suffer a slip and fall injury.
Therefore, if you have been injured in a public place or on certain private properties (even your own home, if faulty workmanship is responsible) due to the fault of another person, you may also be entitled to claim compensation under public liability law. To do this, you must be able to prove negligence on the part of the defendant.
Public Liability Law
Public liability laws cover a wide variety of circumstances where a person may suffer injury or death due to another person's negligence or failure to take a reasonable amount of care – that is, when someone breaches a ‘duty of care’. This stresses the need for experienced legal representation – at Teakle Ormsby Conn, we have managed claims of this nature for over 50 years.
Public liability laws provide a safety net for those injured in circumstances beyond their control. This includes personal injury (physical and mental), property damage and economic loss. However, public liability laws may also provide compensation to those covered by the following Australian systems:
* Workers' Compensation
* Compulsory Third Party (CTP) Green Slips
* Medical Indemnity Insurance
* Professional Indemnity Insurance
* Property Insurance
* Builders Warranty
* Product Liability
* Product Guarantee
* Personal Accident
* Health Insurance
* Medicare
Public liability laws vary from state to state in Australia, so contact Teakle Ormsby Conn to get the facts. Within each state, there are different methods to establish a case for public liability compensation.
Examples of public liability claims include:
* Slips or falls
* School (including playground), College & University Accidents
* Recreational & Amusement Park Accidents
* Sporting Accidents (including diving accidents)
* Domestic Accidents
* Aviation Accidents
* Food Poisoning
* Animal Attacks
* Product liability / Defective Products
* Physical or Sexual Assaults
Public Liability & Product Liability
Product liability is a subset of public liability and addresses claims for injuries suffered due to deficient and/or unsafe products - regardless of who purchased the product in question. Quite often, public liability claims are determined under the Trade Practices Act and again, you will need an expert in public liability law, Teakle Ormsby Conn to advise you on this.
What does Public Liability Compensation Cover?
As Australia’s public liability laws have changed greatly in the past decade, it is pertinent to seek independent legal advice if you have sustained an injury. For example, people can no longer receive compensation for certain mental anguish (such as pain and suffering) unless the injury sustained is of a serious nature. The ways in which the courts assess the seriousness of an injury and associated compensation has been addressed with an ‘injury threshold’ (for each state’s public liability claims) that directly affects your entitlement to compensation and the amounts payable.
Do I have a Public Liability Claim? What do I need to do?
Most importantly, you have to report the accident to the correct authorities as soon as possible (including the Police and the person or institution involved). Be sure to advise the hospital or doctor treating you about the nature of your injury (how, where and who) and to seek independent legal advice regarding the assessment of public liability claims in your state.
Teakle Ormsby Conn’s public liability lawyers are experts in the fields of personal injury, public liability claims and insurance litigation. Our public liability lawyers have years of experience and can advise you as to whether or not you are eligible to lodge a public liability claim, and the amounts of compensation you can expect to receive. At Teakle Ormsby Conn, we understand the added pressures of dealing with third parties and can guide you through the process to assess your injuries in order to claim the fairest possible compensation for your public liability claim.
For more information on public liability claims, please contact Teakle Ormsy Conn for the facts.
How much will it cost to see a public liability lawyer?
At Teakle Ormsby Conn, we can offer a no win, no fee arrangement for certain personal injury, motor vehicle accident, public liability claims or medical negligence claims. Please see our ‘What will it cost?’ page for more details on the cost of retaining a public liability lawyer or contact us to arrange a free initial consultation.
How Long Do Public Liability Claims Take?
No claim can be commenced until such time as your injuries have stabilised. We want to see you ASAP after the accident to initiate a thorough investigation into the cause of the accident and also to obtain preliminary medical evidence. We are here to advise you and help get you back on your feet until we are ready to commence proceedings.
It can take up to two months to investigate your public liability claim and around nine to twelve months to receive a decision from the courts. However, with Teakle Ormsby Conn’s years of experience, many of our public liability claims are settled out of court prior to the commencement of legal proceedings.
What can I do to help with my Public Liability claim?
You will need to participate in medical assessments with your doctors, plus the doctors from the institution you are suing (usually 2-5, but can be more). Subsequently, Teakle Ormsby Conn’s public liability lawyers have as many consultations with you as necessary to ensure the correct amount of compensation can be won for your claim.
Public Liability Compensation - What am I Entitled To?
Although slightly different in each state, the amount of compensation you can claim under public liability law relates to the severity of your injury/injuries and can include:
· Lump sum compensation payment for pain and suffering, determined on a sliding scale up to $427,000 (indexed from time to time – sometimes annual)
· Medical expenses for past, present and future treatment
· Past, present and future loss of wages/superannuation
· If applicable, past, present and future care
· Miscellaneous expenses (e.g. wheelchair/motorised transport, home modification)
What Documentation will Teakle Ormsby Conn’s Public Liability Lawyers Need From Me?
· Photographs of the scene of the accident
· Any documentation between the person/company/organisation involved in your injury.
· Any documented, photographed or x-rayed evidence of the injury
· Your Medicare/private health insurance information
· Contact details for any witnesses to the injury/injuries
· The address of where your injury occurred
Public Liability, Personal Injury or Workers’ Compensation Claim?
Example 1: A road accident is usually a motor vehicle accident claim, unless the accident was caused by the nature of the road itself (e.g. poor signage, loose gravel etc). In this instance, a public liability claim would also be lodged in addition to a motor vehicle accident claim.
Example 2: If you sustain an injury at work that is not your employer’s or your fault, you may have a public liability claim as well as a Workers’ Compensation claim. For this reason, contact an expert in public liability law, Teakle Ormsby Conn, to get the facts.
To receive the maximum settlement for your public liability claim, contact Teakle Ormsby Conn today |
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