Many injuries occur in public places, from business premises to council land. These injuries can leave you with significant expenses, impact your ability to work and have serious long-term effects on your life. Determining injured in public place liability is crucial for pursuing compensation.
It is best to have a skilled public liability lawyer handle your claim. Arnold Dallas McPherson Injury Lawyers (ADM) have extensive experience holding property owners and local councils accountable for serious injuries. We pursue maximum compensation on your behalf.
ADM serves clients in Melbourne, Bendigo and all of Victoria from more than a dozen offices statewide. Call us at 1800 242 588 today for a FREE consultation. We can explore your rights if you suffered injury in public, establishing the duty of care and identifying all liable parties.
What Is a Public Place?
The term ‘public place’ or ‘public space’ can be confusing, because it suggests properties that are publicly owned. While we often receive enquiries from people injured on public footpaths, parks, sports grounds and other council land, public liability claims may also be brought for injuries sustained on privately owned properties. This includes:
- Apartment and rental complexes
- Car parks and parking stations
- Professional offices and office buildings
- Supermarkets, shopping centres and other retail stores
- Gyms and leisure centres
- Restaurants, bars and cafes
- Hotels and motels
- Cinemas, concert halls and other entertainment venues
- Hospitals and medical centres
For the purpose of a public liability claim, a public place is land or property that is accessible to the public. Property owners and occupants have a duty to make the premises safe for lawful visitors. If they violate this duty and you suffer injury, they may be held responsible through a public liability claim.
Common Injuries in Public Places
Many different situations can lead to injured in public place liability. Common examples of situations that can give rise to public liability claims in Victoria include:
- Slip and fall accidents: Wet floors are the most common cause of slip and fall accidents, though people might also slip and fall on objects and debris in walkways.
- Trip and fall accidents: People often trip and fall on footpaths and other walkways due to cracked pavement, uneven surfaces and improper lighting.
- Improperly maintained stairs: Stairwells can be dangerous if the steps and handrails are not maintained, potentially resulting in falls.
- Dog attacks: Animals that are not properly restrained may attack innocent people, causing horrific injuries.
- Inadequate fencing and signage: Hazards that cannot be immediately fixed should be marked or sealed off from the public. Serious falls, drownings and other injuries may occur if there is no signage or fencing.
- Falling tree branches: Branches from tall trees can be large and heavy. Deadwood and branches damaged by storms are more likely to fall. Property owners and third-party contractors may be held liable for injuries sustained due to falling branches.
- Other falling objects: You may be entitled to compensation for injuries caused by falling objects, whether it’s an item falling from a store shelf or luggage falling from the overhead bin of an aeroplane.
- Bicycle accidents: Cyclists may be injured due to defects or unmarked dangers on roads and bike paths.
This is not a complete list. If you were injured through no fault of your own on a property owned or operated by someone else, it is in your best interest to seek legal guidance without delay. A public liability solicitor can determine if you are entitled to compensation.
Injured in a Public Place Liability FAQs
Multiple parties may be responsible for injury in a public liability claim. This includes individual property owners, business entities, local councils and state government authorities.
It is important to distinguish between the owner of a property and an occupier. Often, occupiers exercise sufficient control of the premises to be legally responsible for the safety of visitors.
Public liability lawyers at ADM investigate to determine ownership of the property and the legal responsibilities of occupiers. We also examine third-party conduct to determine if the negligence of a third party (such as a cleaning or maintenance crew doing work on the property) contributed to your injuries.
Yes, public liability insurance covers injuries suffered by lawful visitors on the property. While not legally required in most instances, it is wise for homeowners and businesses in Victoria to have coverage for incidents on their premises.
Most public liability claims involve dealing with insurers that do not have your best interest at heart. It is vital to have a solicitor who knows how insurance companies operate and can represent you in settlement negotiations.
Multiple forms of evidence can support a public liability claim against an occupier. This includes:
- Photographs of the hazard or dangerous condition
- Witness statements
- Video footage of the incident
- Medical records
- Inspection reports for the property
- Previous complaints from similar incidents
- Expert witness testimony
ADM gets to work immediately. Our lawyers collect evidence and speak to experts so we can prepare a strong claim and provide you with genuine, personalised legal advice.
If you can prove that an injury in a public place is caused by another’s negligence, you may be entitled to compensation for economic loss.
Economic loss includes medical expenses, the cost of ongoing care and assistance, loss of earnings, reduced earning capacity and other financial costs you incur.
These expenses cannot be claimed ‘along the way’ like in other personal injury matters, so it is important to keep a record of any expenses you incur.
You may also be entitled to compensation for non-economic loss. This consists of pain and suffering, loss of enjoyment of life and loss of amenities.
You must be assessed as having a ‘significant injury’ in order to be able to claim for non-economic loss. Damages for non-economic loss under the Wrongs Act are currently capped at $759,510.
In Victoria, common law personal injury claims must be lodged within 3 years of discovering an injury. Regardless of when the injury is discovered, a claim cannot be brought more than 12 years after the fact.
Team members at ADM are available 24/7 to handle enquiries and help you get started on your public place injury claim. Don’t wait until it’s too late to take legal action. We have multiple LIV Accredited Specialists in Personal Injury Law who can represent you effectively.
Who Is Responsible for My Injuries?
Public liability claims fall under the Wrongs Act 1958. To recover compensation, you need to prove that your injuries were the result of negligence on the part of the property’s owner or occupier.
There are several components to establish liability if you are injured in a public place:
1. Duty of Care
Duty of care is based on Victorian common law and principles outlined in the Wrongs Act 1958. Section 48 of the Wrongs Act states that the duty of care is not met if:
- A condition on the property presented a foreseeable risk of harm;
- The risk of such harm was not insignificant; and
- A reasonable person would have taken precautions to prevent that harm in the circumstances.
‘In the circumstances’ is a key phrase, because it emphasises the importance of applying general principles to the specific situation in which someone is injured. Your lawyer will analyse applicable statutes and case law, as well as the particular situation to determine if the individual or organisation responsible for the property met their duty of care.
2. Breach of Duty
Multiple factors need to be taken into account when determining whether the duty of care was breached. These include:
- The probability of harm if precautions are not taken
- How serious the potential harm could be
- Whether the precautions represent an undue burden
Negligence can take many different forms, from failing to inspect the premises to inadequate warnings and security to insufficient training and procedures for staff. A knowledgeable public liability claims lawyer can assess the circumstances and make a compelling argument on your behalf.
3. Causation of Injuries
For your public liability claim to succeed, you need to establish a clear link between the occupier’s negligence and your injuries. This is sometimes known as the ‘but for’ test: You must show that your injuries wouldn’t have occurred but for the negligence of the defendant.
Public liability insurers often try to argue that the evidence doesn’t prove that a hazard on the property led to the claimant’s injuries. Complete medical records and other evidence are essential for overcoming these disputes.
4. Damages
Finally, you need to prove that you suffered damages due to being injured in a public place. Your entitlements may include compensation for:
- Medical expenses
- Ongoing therapy and rehabilitation
- Future medical costs
- Loss of earnings
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
You are only entitled to compensation for non-economic loss (pain and suffering/loss of enjoyment of life) if you have a ‘significant injury’ as defined by the Wrongs Act. A knowledgeable lawyer can guide you through the assessment process and help you make a successful claim. This involves skilfully calculating damages in your public liability claim and pursuing the maximum amount of compensation you are owed.
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What to Do If You Are Injured in a Public Place
Securing your legal rights and establishing injured in public place liability starts in the moments after you are hurt. We recommend taking these steps straight away:
- Get medical care if you are injured. This may involve making an appointment with your GP or going to hospital if your injuries are serious.
- Take pictures of the property. Document the hazard or dangerous condition that led to your injuries, as it may be cleaned up or removed in short order.
- Talk to witnesses. If others saw you get hurt, ask for their names and contact details. Witness testimony can provide strong support for your claim.
- Report the incident. Inform the owner, property manager or someone in authority that you were injured. This should be done in writing so there is a record of the incident.
- Contact a public liability lawyer ASAP. Having legal representation early gives your claim the best chance of success.
You generally have a maximum of 3 years to bring claims under Victoria’s common law scheme. We recommend taking action much, much sooner. This will ensure that evidence is available and there is plenty of time to prepare your claim.
Injured in a Public Place? Learn How ADM Can Help
Lawyers at ADM specialise in public liability claims. We know how to identify liable parties and hold them responsible. Our firm has experience making claims against individuals, businesses and local councils whose negligence leads to serious injuries.
ADM has been serving clients for more than 30 years. We combine in-depth knowledge of Victoria’s personal injury laws with dedication to each client’s wellbeing and peace of mind. You can expect us to return calls promptly, answer questions in everyday language and provide you with empathetic guidance at all times.
Get help with your public liability matter by calling 1800 242 588 today for a FREE consultation. ADM serves clients across Victoria from offices in Melbourne, Bendigo and other communities throughout the state.
