We’ve Got You Covered
We are experts in Public Liability claims, offering legal assistance to individuals who have suffered injuries or damages due to the negligence of others in public spaces or properties. Our experienced team handles claims related to slips, trips, and falls, as well as other incidents that occur in public areas or on private property open to the public. We are committed to helping our clients navigate the legal process, ensuring they receive fair compensation for their injuries and losses.
Karena Nicholls
Partner
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What is Public Liability?
A Public Liability compensation claim covers anyone who has been injured in a public place or private building, whether due to negligence or a deliberate act of another party. Injuries can occur unexpectedly in public or private places and can change your life in a split second. The most common spaces in which injuries occur are pathways, grocery stores and commercial and retail spaces. Any injury that has arisen because another party has breached their duty of care towards you may entitle you to make a Public Liability compensation claim.
Common examples of Public Liability injuries include:
- Trips, slips and falls on public or private property
- Accidents that occur on school grounds
- Injuries from animals, such as dog attacks
- Sporting injuries, including recreational and adventure activities
- Aviation injuries
- Physical assaults
- Sexual assaults
- Food poisoning
Making a Public Liability Claim
For a Public Liability claim to be successful, the following elements must be proven:
- The person or organisation at fault owed you a duty of care
- The duty of care was breached by that person or organisation
- You suffered injury and loss as a result of that duty being breached
To assist in establishing and corroborating your claim, you should gather any evidence of your incident as soon as possible after the incident occurred. In particular, photo or video evidence should be gathered to ensure that you provide the most accurate depiction of the environment at the time the injury occurred. These additional steps are critical in case there are changes to the scene of the injury.
What Compensation Could I Be Entitled To?
If you have suffered an injury, you may be entitled to compensation for:
- Pain and suffering i.e. Non-Economic Loss
- Past and future medical expenses
- Loss of wages and future loss of earning capacity
- Past and future care expenses such as domestic care
- Home Care Assistance
- Travelling expenses
- Aides & Equipment
How Much Compensation Could I Be Eligible For?
The amount of compensation that can be claimed for a Public Liability injury will depend on a range of factors, such as:
- The nature and extent of your injury
- The cost of your medical expenses
- Your loss of earnings
- How your injury will affect your ability to work in the future
- Whether you need assistance around the home due to your injury
Do Time Limits Apply to a Claim for Compensation?
Yes, a compensation claim must be commenced within three (3) years from the date of the incident. In limited circumstances, you may be able to commence proceedings outside of the three-year time limit. If you have been injured, it is important to seek legal advice as soon as possible. If time limits are not complied with, any potential rights to compensation that you have may be lost.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
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Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
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Public Liability FAQ’s
Duty of care refers to the responsibility or legal obligation of an individual, organisation, or entity to ensure that reasonable steps are taken to prevent harm or injury to those they can reasonably foresee might be affected by their actions or omissions. In the context of public liability, it pertains to the duty owners or occupiers of a property owe to people who enter that property.
Yes, if your child was injured in a public place due to someone else’s negligence, you can act on behalf of your child to make a Public Liability compensation claim. It’s essential to consult a solicitor experienced in such cases to guide you through the process.
Even if you were partially at fault for the accident, you might still be able to make a claim. However, any compensation you receive might be reduced to reflect your share of the blame. It’s crucial to provide all details to your solicitor to get accurate advice.
Yes, Public Liability claims can cover both physical and psychological injuries. If you have suffered mental or emotional harm as a result of an incident in a public or private place, you may be entitled to compensation, especially if it can be demonstrated that the negligence of another party caused or contributed to your psychological injury.
The duration of a Public Liability claim can vary widely based on the specifics of the case, the severity of the injury, and the willingness of both parties to reach a settlement. Some claims might be resolved in a matter of months, while more complex cases can take several years. Consulting with a legal expert like Coutts will give you a clearer timeline for your specific situation.
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