Public Liability Lawyers

In Queensland, public liability claims are governed by the Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003. These laws establish the framework for filing a claim, including the procedural steps required and the standards for proving negligence.

They outline the rights and responsibilities of both parties involved, helping to ensure that claims for compensation related to public liability are handled fairly. Consulting with an experienced public liability lawyer can provide guidance through the claims process.

It is important to be aware of the time frames to make a public liability claim. You must deliver your claim to the at-fault party within a three (3) year period from the date of the accident, or you may be statute-barred.

A claim should be commenced the earlier of either one (1) month of consulting a lawyer or nine (9) months from the date of the accident. It is possible to lodge a claim outside of these time frames if a reasonable excuse can be provided.

When choosing public liability lawyers in Queensland, focus on their knowledge of Queensland public liability law and their approach to handling claims. Ensure they provide a clear explanation of the claims process and are transparent about their legal fees.

Look for a firm that offers a no-obligation appointment to discuss your case and assess your entitlement to compensation. It’s also important to choose lawyers who communicate effectively and show genuine concern for your situation, as this will help ensure a supportive and efficient legal process.

You may think that lodging your own claim will save you time and money. However, the legislation can be complex, and dealing with an insurance company may be stressful. We recommend that you seek legal advice before proceeding with any compensation claim.

A public liability claim is a type of personal injury claim that is made against the public liability insurance policy of the party at fault. A public liability claim may occur where a person, due to no fault of their own, is injured as a result of the negligence or actions of another party.

Examples of where an injured person may have such a claim include:

• A slip, trip or fall in a public place such as a shopping centre where it may have been prevented;

• As the result of a falling object;

• An accident that occurred on school grounds;

• An injury that occurred at someone else’s property or a rental property;

• An injury caused by a faulty or defective product; and

• An injury when working as a contractor on a construction site where no entitlement is in place for benefits or compensation from Workcover Queensland.

A public liability claim can cover a range of damages resulting from physical or psychological injury due to someone else’s negligence. This includes compensation for medical expenses, future medical expenses, lost wages, pain and suffering, and any other impacts on your quality of life.

It may also cover domestic assistance and adjustments needed for future earnings. The specific coverage depends on the circumstances of the injury and the extent of the damages incurred.

If it can be proven that your injury has resulted from the wrongful or negligent act or omission of another party, then you may be entitled to compensation as follows:

• Compensation for pain and suffering and loss of your amenities of life;

• Loss of earnings (including loss of past and future income and loss of superannuation payments);

• Medical and rehabilitation expenses you have incurred and are likely to incur in the future;

• Care costs (including past and future care);

• Out-of-pocket expenses.

If your injury occurred on your way to or from work or during the course of your work, you are most likely entitled to claim workers’ compensation benefits (or Workcover Statutory Benefits as they are also known) whilst you are recovering from your accident injuries.

If you decide to claim public liability compensation, the duration of the claims process will vary depending on the complexity of the case and the cooperation of involved parties. Generally, straightforward claims may be resolved within a few months, while more complicated cases, such as those involving significant injuries or disputes, can take longer.

The public liability claims process involves gathering medical evidence, negotiating with insurance companies, and possibly going to court. An experienced public liability lawyer can help streamline the process and manage expectations.

The legislation covering this area of Personal Injury Law in Queensland is the Personal Injuries Proceedings Act 2002, which sets out the procedures required to be followed, including completing and serving a Notice of Claim on any party identified as at fault.

Personal injury claims that are classified as “public liability claims” – or PIPA claims – are governed by the provisions of the Personal Injury Proceedings Act 2002 (also known as “PIPA”) in Queensland. To pursue your public liability or PIPA claim and to ensure it is protected, you must comply with the procedural provisions as stipulated in the Personal Injuries Proceedings Act 2002.

AMK Lawyers have a team of personal injury lawyers who specialise in PIPA claims and can guide you through the legal processes involved in such claims, which must be complied with in order for you to protect and pursue any compensation entitlements you may have under such legislation and at Common Law.

The average settlement amount for a slip-and-fall case in Australia can vary widely based on the severity of the injury and the impact on the claimant’s life.

Settlements typically range from a few thousand dollars for minor injuries to substantial amounts for severe cases involving significant medical expenses, ongoing treatment, and loss of earnings. The exact compensation depends on factors such as medical reports, the extent of negligence, and the overall impact on your quality of life.

To support a public liability compensation claim, you should provide various types of documentation. This includes an incident report detailing the circumstances of the injury, medical evidence such as reports and treatment records, photographic evidence of the accident scene and injuries, and any witness statements.

Additionally, documentation of related expenses, such as medical bills and lost wages, helps substantiate your claim. Gathering comprehensive evidence and consulting with a public liability lawyer can strengthen your case.

Negligence in public liability law refers to a failure to exercise reasonable care, resulting in harm or injury to another person. It involves not taking the necessary precautions that a reasonable person would in similar circumstances.

If someone’s negligence directly causes your injury, you may have grounds for a public liability claim. Proving negligence requires demonstrating that the responsible party had a duty of care, breached that duty, and caused harm as a result of their actions.

Duty of care is a legal obligation requiring individuals or organisations to act with reasonable care to avoid causing harm to others. In public liability claims, this means ensuring that public spaces, properties, or activities are safe for visitors.

If a property owner or manager fails to meet this standard and someone is injured as a result, they may be held liable, and the injured person may be able to claim compensation. The duty of care ensures that all reasonable measures are taken to prevent foreseeable harm.

Public liability insurance covers claims made by individuals who suffer injuries or damages due to another party’s negligence in public spaces or on private premises. This insurance helps cover the costs of compensation and legal fees associated with public liability claims.

It protects property owners and businesses from financial liabilities arising from incidents such as accidents, slips, or injuries, ensuring that they can manage potential public liability claims effectively.