Slips and falls on unsafe surfaces, being hit by unsecured objects and injuries caused by poorly maintained equipment can all happen in a public place. Sometimes injuries happen due to no fault of another, and other times a person or organisation is clearly at fault. If the injury was due to someone else’s negligence, you could be eligible to make a public liability claim.
This is because owners and occupiers of premises owe a duty of care to lawful entrants to provide a safe place and to take reasonable care to avoid foreseeable risks of injury. Here’s a quick rundown on what to do when things go wrong because of someone else’s negligence.
Claim time limits if you’re injured in a public place
In Queensland, the Personal Injuries Proceedings Act 2002 (Qld) sets out the steps you must take for injuries that happen in a public place before a claim can go to court. You need to give the person or organisation you’re claiming against (or their insurer) a written Notice of Claim within nine months of the incident (or when your symptoms first appeared), or within one month of engaging a lawyer, whichever comes first.
If you miss the deadline, you can still give notice, but you’ll need a reasonable excuse for the delay. Court proceedings must also generally be started within three years of the incident, so it’s important to act early.
Proving negligence for a public liability claim
If you’ve sustained an injury from an accident through no fault of your own, you might be able to make a claim against the owner/occupier you believe caused or contributed to the accident.
When seeking damages for personal injuries, you need to prove that:
- the owner/occupier owed a duty of care to create and maintain a safe environment for their patrons
- the owner/occupier was negligent, by failing to adhere to that duty of care
- as a result of the negligence, you were injured
- as a result of that injury, you have (or will in the future) suffer a loss, like out-of-pocket medical expenses and lost income from work.
These claims are common, largely due to the unpredictable nature of day-to-day life. For example, sustaining an injury on a balcony or stairs because the handrail wasn’t secured properly, or a poorly fixed sign falling onto you. If the owner of the property knew about a defect and didn’t fix it, leading to your injury, this will increase the chances of a successful claim.
If you find yourself in this situation, make sure you take photos and video and record details of the accident when it occurs. This might make the claim process easier later on.
What if I was partly at fault?
If you’re partly at fault when you’re injured in a public place, a claim may still be possible. Being partly at fault can, however, reduce the amount of compensation you receive. This is called contributory negligence, and the court will ask whether the claimant failed to take reasonable care of their own safety, then assess whether this failure contributed to the injury. Some examples that may be assessed as contributory negligence include walking while looking at a phone and slipping, going into an area that is closed off, and being affected by alcohol.
However, if you carry most or all of the responsibility for the injury, your compensation may be significantly reduced, or in some cases, your claim will not be successful. For example, if appropriate warnings and barriers were in place for a defect or uneven surface and you still accessed the area, a claim is unlikely to succeed.
Was your injury caused by a vehicle, or at work?
If you sustained an injury from a motor vehicle accident or at work, this will be a different type of claim. Motor vehicle accidents fall under a Compulsory Third Party claim and work-related injuries generally fall under WorkCover in Queensland. There are exceptions where you may claim for both WorkCover and CTP, so it’s highly recommended to get legal advice from a professional to understand your options and the compensation you might be eligible for.
How to make a public liability claim?
Many businesses and other occupiers of premises carry public liability insurance to cover them in the event of an accident. In most cases, public liability could be included in home and contents insurance policies, covering homeowners in the event of accidents in the home.
Below is what you can do in the event you’re injured due to someone else’s negligence, and you want to make a claim.
Step 1: Seek medical treatment
Take care of yourself! See your doctor to treat your injury and make sure that you’re looking after your health. It helps to tell your doctor about the circumstances of your injury during your first visit. Documentation from your medical visits will be used as evidence during your claim, so it’s an important step for both your wellbeing and your claim.
Step 2: Talk to one of our personal injury lawyers
Arrange a free appointment to learn more about your claim eligibility, rights, and possible entitlements. This is an obligation-free appointment with the purpose of assessing whether you have a case or not.
If you’re eligible to claim and you choose to work with one of our specialist lawyers. We then keep you up to date with how your claim is progressing at every step and are here to answer any questions you may have.
Step 3: Book a medical check-up for ongoing care
It’s important for your own health and recovery that you maintain ongoing medical treatment and advice, including care of your emotional health during this time. Keep your medical records up to date as this will help your claim process.
Do you have a personal injury you’d like some help with? Book in your free case review with one of our compensation lawyers. We’re here to help you understand the legal process and your claim options if you’re injured in a public place.