Slips and falls on unsafe surfaces, being hit by unsecured objects, injuries caused by poorly maintained equipment – whether it was during a retail therapy trip, park picnic, or your neighbours’ backyard barbeque, if you’ve been injured due to the negligence of another, you could be eligible to make a public liability claim.
This is because owner/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.
Proving negligence
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 the accident.
When seeking damages for personal injuries, it is necessary 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, slipping on a grape in the supermarket because staff didn’t clean it up or secure the area in time, or falling off a balcony because the handrail wasn’t secured properly.
The hot tip
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.
How to make a public liability claim
Businesses and other occupiers of premises are required to 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.
Here’s what you can do in the event you’re injured due to someone else’s neglect and you want to make a claim:
Step 1: Seek medical treatment
Take care of yourself! Check in to visit your doctor to treat your injury and make sure that you’re looking after your health. It could be beneficial here to tell your doctor about the circumstances of your injury during your first visit.
Step 2: Talk to one of our personal injury lawyers
Take advantage of our no win, no fee, no problems guarantee and arrange a free appointment to learn more about your claim eligibility, rights, and possible entitlements.
Step 3: We take care of your claim
If you’re eligible to claim and you choose to work with one of our specialist lawyers, we’ll start the claim process within 48 hours, as strict time limits apply in Queensland. We’re super communicative and promise to keep you up to date with how your claim is progressing.
Step 4: Book a medical check-up
It’s important for your own health and recovery 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.
Arrange a free chat with our personal injury lawyers
Have a personal injury you’d like some help with?
Book in your free case review with one of our compensation lawyers. We promise to only speak in plain English, so you better understand the legal process and your claim options.