What is a public liability and Occupiers liability claim?
You may be eligible to claim for compensation for your injuries if you have sustained an incident at a private or public premises. The main difference between these claims relates to the location where it occurred. Some of the most common claims arise which can be covered under public or occupiers’ liability including a shopping centre, rental premises, amusement parks, participation in recreational activities or sports, or animal attacks
What do these process involve?
This generally involves building your case against owner of the property of the premises to show that they were negligent for your injuries and there has been a breach of duty of care. Determining liability for your injuries can be difficult depending on the circumstances of your case, and what evidence might be available that is in your favour. If liability can be established, then you must further show that you have suffered a loss as a result of the insurer’s breach.
What can I claim for?
If you are successful in proving that the owner or occupier of the property is responsible for your injuries, under the Civil Liability Act, you may be entitled to recover damages in relation to: –
- Non-economic loss (pain and suffering);
- medical treatment expenses;
- Domestic assistance provided by family or friends; and
- Past and future economic loss.
However, the amount of compensation will vary in each case.
Will the owner or occupier of the property pay for all my medical treatment because of my injuries?
Yes, only if they accept responsibility for your injuries. However, until then, you and only you have the responsibility to pay for your ongoing requirement for medical treatment and any other out-of-pocket expenses which you have incurred throughout this claim. Therefore, it is encouraged that you keep all records of all receipts you have spent in relation to your injuries, which can be claimed back at the conclusion of the claim if the owner or the occupier of the property accepts liability for your injuries.
How long do these claims take to finalise?
It is difficult to say as every case varies. However, generally claims can finalise earlier if the matter settles before the commencement of court proceedings. If the matter is required to be litigated through the Court it can take longer to finalise. The Plaintiff or injured party has three years from their date of injury (or when the cause of action is discoverable) to commence proceedings in Court.
If you have any more questions…
Please reach out to any of our Public Liability experts at Alliance Compensation and Litigation Lawyers on 02 8764 1776 or Book now.