You may be able to seek compensation if you suffered an injury on someone else’s property. These types of personal injury matters are called a public liability claim.
Public liability matters require you to be able to establish negligence by the person responsible for where you were injured. Negligence is often more difficult to prove than commonly thought. These claims can be further complicated by occupiers and insurance companies disputing liability or trying to blame you for the incident.
Arnold Dallas McPherson Injury Lawyers (ADM) are committed to helping people who have been injured in a public place. We thoroughly explore your legal options so you know what to expect and the potential compensation that may be available to you.
Get help making a public liability claim in Melbourne, Bendigo or elsewhere in Victoria. Call 1800 242 588 today for immediate assistance.
Frequently Asked Questions About Making a Public Liability Claim
You generally have 3 years from the date of the incident to commence Court proceedings for public liability matters. A Victoria personal injury lawyer can ensure this deadline is met and your rights are protected.
While a Court may grant additional time in certain circumstances, you shouldn’t count on getting an extension. It is critical to seek legal advice as soon as possible so you don’t lose the right to pursue compensation.
Yes, local councils and public authorities may be held legally responsible for an injury on locations under their control and management.
If you suffer an injury on a premises or property you believe to be owned or controlled by your local council, you should lodge an incident report with the council as soon as possible after your injury.
For your claim to succeed, you need to show that the council failed to take reasonable care in inspecting, maintaining or repairing areas that are their responsibility and that failure resulted in an injury which was reasonably foreseeable.
When a council is the proposed party at fault, a Court will also take into consideration the functions of the council, their financial and other resources, the range of activities of the council and compliance with general procedures and applicable standards.
An experienced public liability lawyer can help you navigate the complex nature of a claim against a local council.
You may still be entitled to compensation if you were partly at fault for an injury in a public place. However, the person you are suing can rely upon the defence of contributory negligence.
If you are found to have contributed to your injury, any damages you recover would be reduced to reflect your percentage share of fault.
For example, say your damages from the incident total $100,000 and your share of fault is 10%. You would still be able to recover up to $90,000 in compensation.
Determinations of fault can be complex in public liability claims. Occupiers and insurers may argue that you were partly responsible in an effort to reduce the compensation payable to you. A knowledgeable lawyer can review the evidence and protect your interests.
Strictly speaking, you aren’t required to hire a lawyer to make a public liability claim. However, navigating the complex legal issues for anyone not legally qualified is extremely difficult, and it is very challenging and time-consuming to even begin to understand how to pursue a claim. Engaging a lawyer will not only make it easier for you, but also enable you to focus on recovering from your injuries.
Proceeding on your own may affect your ability to recover all available compensation, and most self-represented litigants lose their cases. A lawyer will run your case for you and dramatically increase your likelihood of receiving a payout.
Do I Have a Public Liability Claim?
It is important to understand the kinds of incidents that lead to public liability claims.
You may be able to take legal action if you were harmed while lawfully on premises belonging to another. This includes private residences, commercial properties and land controlled by a local council or public authority.
Common grounds for a public liability claim include:
- Slip and fall accidents
- Trips and falls on uneven footpaths or pavements
- Dog bites and other animal attacks
- Injuries caused by negligent security
- Falls on defective stairs and escalators
- Injuries from falling objects or tree branches
- Swimming pool accidents
- Playground and leisure centre injuries
This is not a comprehensive list. A knowledgeable public liability lawyer can discuss your rights if you suffered injury on another’s property. They can also explain what is involved in pursuing a claim against the owner or occupier.
What Is Involved in Making a Public Liability Claim?
Unlike with transport accidents or workplace injuries, public liability matters in Victoria are not handled through a dedicated compensation scheme. Instead, injured individuals must bring claims directly against the owner, occupier or other party responsible for the premises.
Compensation is typically paid through the responsible party’s public liability insurance, provided that negligence is established.
You will need to prove the following to establish negligence in your claim:
- That the occupier owed a duty of care to you.
- That a breach of that duty occurred by failing to adhere to the requisite standard of care prescribed by law;
- That this breach caused your injuries; and
- For the purpose of seeking compensation for pain and suffering, that you suffered a permanent significant injury and/or financial loss.
Proving negligence in a public liability claim requires strong evidence. You may be able to gather some evidence on your own, such as witness statements and photos of dangerous conditions on the property. A lawyer can investigate further to obtain CCTV footage, maintenance records and other evidence.
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What Is the Public Liability Claim Process?
The process of making a public liability claim involves a number of key steps. No two claims are exactly alike, but this general outline should give you an idea of what to expect:
1. Seek Medical Treatment
Before you do anything else, you need to get treatment for any injuries you sustained. This may involve going to the doctor or emergency room on your own, or calling 000 if your injuries are serious.
2. Make a Complaint or Give Notice of Your Injury
Once your injuries have been tended to, you should complete an incident report or notify the occupier of your injury as soon as possible.
Providing notice of your injury is not the same as making a claim and can ensure that an occupier notifies their insurer of your incident. It also encourages them to retain documentation or video footage of your incident.
A lawyer can assist you in this process if you do not feel comfortable in making a complaint yourself.
3. Consult a Public Liability Lawyer
If you believe your injuries were the result of the occupier’s negligence, you should speak with a lawyer as soon as possible. The initial consultation will consist of a discussion of how you got injured and the legal recourse that may be available.
Be sure to ask about the firm’s fee structure so you know how and when you will be charged for legal services. ADM handles claims on a No Win, No Fee basis.
4. Investigate the Incident & Collect Evidence
Share any evidence with your lawyer that you have gathered so far, such as photos and the names of witnesses. Your lawyer will undertake additional investigation to determine the duty of care, identify potential breaches and establish causation.
5. Determine Liability
The occupiers of premises in Victoria are legally required to take reasonable steps to prevent visitors from getting injured. Lawyers with detailed knowledge of Victoria’s personal injury legislation can identify the party responsible and whether they have been negligent.
6. Calculate Damages
Slip and fall accidents and other public place injuries can result in serious injuries and significant losses. An experienced lawyer can calculate economic damages, such as medical expenses and loss of income. They can also determine whether you meet Victoria’s threshold for ‘significant injury’, allowing you to claim damages for pain and suffering damages.
Calculating the full extent of damages requires a thorough review of your medical records and financial documentation. You will likely need to attend specialised medical examinations to obtain the necessary evidence. Public liability lawyers often consult expert witnesses for additional evidence.
7. Make the Claim to the Occupier & Their Insurer
Once the responsible party has been identified, your lawyer will notify them of the claim. The occupier will then notify their public liability insurer, who will investigate the claim and determine whether to accept liability or dispute the allegations.
8. Negotiate a Settlement
Most public liability claims are resolved through settlement negotiations. The process generally consists of offers and counter-offers, with your lawyer acting in your best interest at all times.
Occupiers and insurance companies may try to blame you for the incident or dispute allegations of negligence. This can complicate the public liability claim process, which is why having a skilled solicitor represent you is essential for obtaining a favourable outcome.
9. Commence Court Proceedings (If Necessary)
If disputes persist and a settlement cannot be reached, it may be necessary to lodge a claim with the Court. Courts may refer the matter to mediation or, if it cannot be resolved, set a trial date.
Most public liability claims in Victoria are resolved through mediation or ongoing settlement negotiations, with very few being argued before a Court. Nonetheless, it is important to choose a law firm that is ready and willing to prepare your claim for this possibility.
10. Receive Compensation
Compensation isn’t guaranteed when making a public liability claim. However, if you can prove the occupier was negligent and that you have suffered loss or damage as a result of your injury, you are more likely to recover damages via settlement or Court proceedings.
How Long Does a Public Liability Claim Take?
The time it takes to resolve a public liability claim depends on the complexity of the matter. Relatively straightforward claims may be settled in a matter of months, whilst claims involving serious injuries, liability disputes and complex medical evidence may take at least a year or more.
Your lawyer will keep you informed throughout the process. They can advise you whether settlement negotiations are progressing or if it may be necessary to commence Court proceedings.
Client Testimonials
At ADM, we are real people helping Victorians find justice. You don’t have to take our word for it; we have received hundreds of 5-star reviews from real clients who entrusted their legal matter to ADM. See for yourself what to expect from Arnold Dallas McPherson Injury Lawyers, both as solicitors and as human beings.
Michelle & R.
Kelsey and the team at ADM Bendigo were very understanding and caring in relation to our case. We were treated with respect and everything was done to get the best possible outcome under the circumstances. We would highly recommend.
Peter R.
My dealings with staff at ADMcP were at all times supportive, professional, and above all successful. They’re a great group and I recommend anyone to them for any industrial/workplace injury issues.
Milian T.
Thanks a lot Shaun and whole team, you done great job! Highly recommended this expert. All the best my friend!
What Compensation Can You Claim After a Public Liability Accident?
The compensation available after a public liability accident depends on the severity of your injuries and the overall impact on your life. You may be entitled to recovery of damages such as:
- Medical and treatment expenses
- Loss of earnings
- Future medical treatment
- Loss of future earning capacity, if your ability to work is impacted
- Pain and suffering (if you meet the significant injury threshold)
- Domestic assistance and in-home health care
- Medical-related travel, home and vehicle modifications and other out-of-pocket expenses
Public liability lawyers evaluate numerous factors to determine the compensation you may be able to claim. These include the length of your recovery time, any long-term or permanent disability and your future needs.
Get Help Making a Public Liability Claim in Victoria
Being injured on someone else’s property can be a traumatic and overwhelming experience. ADM is here to help you explore your options for making a claim and protect your rights.
Here is what you can expect from our firm:
- Straightforward advice in clear, understandable language
- Lawyers and staff who listen to you
- Easy access to legal expertise—you work with your lawyer directly
- Case Management individualised to your needs and commitment to your goals
- Reassurance throughout the entirety of your claim
For a FREE consultation, call 1800 242 588 today. Public liability lawyers at ADM serve clients in Melbourne, Bendigo and communities throughout Victoria.
