KEY TAKE OUTS:
A Public Liability Claim occurs when a person is injured due to the negligence of another party in a public space. Injuries can happen unexpectedly in public places and can change your life in a split second. The most common public spaces which injuries occur in are pathways, grocery stores and commercial and retail spaces. Photos are essential in providing evidence to support your Public Liability Compensation Claim.
Why are Pictures so important?
Photo or video evidence taken right after the incident occurred is critical in establishing and corroborating your claim. It is important to photograph the scene as soon as possible to ensure that you provide the most accurate depiction of the environment at the time the injury occurred. Photos of the location and your surroundings provide clear and graphic proof of your version of events. Technology allows you to access geo location and time stamp where and when you took the photo. These additional steps are critical in case there are changes to the scene of the injury.
In a recent matter, Coutts acted for a quick-thinking client who captured multiple photos at the scene of the incident. The insurer at first instances denied liability, alleging that there was a hazard sign and a barricade in place to warn the public. The site manager also produced their own photo as evidence. The hazard sign and barricades would have proven an “obvious risk” in a public liability claim. Under the Civil Liability Act an “obvious risk” is defined as risk to a person that, in that circumstance, would have been obvious to a reasonable person. Thus, negating a breach of duty of care. However, we served a photo taken by our client that indicated there was no such warnings. Our client’s photo was taken prior to the site manager’s photo and is evident by the time stamp on the photo. As a result, the insurer was open for negotiations. Hence, exhibiting the importance of photos and time stamping to support your public liability claim.
I am an experienced lawyer who heads the Injury Compensation team and specialises in compensation law. I am dedicated to advocating for individuals who have suffered injury in a public place. Our team understands that an injury can have a significant impact on your life. An injury has the ability to affect your work, quality of life and normal day to day activities. We are committed to being there for our clients every step of the way.
ABOUT KARENA NICHOLLS:
Karena is a partner at Coutts Lawyers & Conveyancers and heads up the injury compensation (with extensive knowledge in personal injury) and employment law teams. She is passionate and dedicated to helping her clients understand their rights and obligations and advising them on the best course of action to achieve their desired outcomes. It is her practical and client-orientated approach which has attributed to her authentic reputation positioning her as a highly regarded compensation and employment lawyer.
For further information please don’t hesitate to contact:
Karena Nicholls
Partner
karena@couttslegal.com.au
1300 268 887
This blog is merely general and non specific information on the subject matter and is not and should not be considered or relied on as legal advice. Coutts is not responsible for any cost, expense, loss or liability whatsoever in relation to this blog, including all or any reliance on this blog or use or application of this blog by you.
