What is a public liability claim?
A public liability claim is a compensation claim taken out against a third party when a person has been injured in place that is accessible to the public, like a building, rental property, restaurant, bar, school, hotel or sporting arena. Some common examples of public liability claims include:
- Slips, trips and falls from hazards such as obstructions, wet surfaces or broken infrastructure.
- Injuries from broken equipment or faulty facilities.
- Injuries from an assault or animal attack.
- Burns from hot water or illness from food poisoning.
- Injuries from hazardous substances like chemicals or dangerous objects like shattered glass.
What are the pre-requisites to be entitled to a public liability claim?
If you have been injured in public, understanding whether you are entitled to compensation is the first step towards making a successful public liability claim. If you meet the conditions outlined below then you are likely a good candidate for compensation:/p>
- Did your injury take place in a place other than your workplace?
- Was the injury caused by someone’s negligence or a breach of duty of care?
- Did this negligence result in treatment, medical expenses or time off work?
What does lodging a public liability claim involve?
If you’ve been injured and have determined that you are likely to be entitled to compensation, then here are the steps you should take to make a successful public liability claim:
- Consider seeking professional help. Contacting a specialist public liability lawyer from the moment you decide to pursue a claim can maximise your chances of success and the amount of your payout. A no win no fee lawyer can help advise you on the steps you should take, the type of evidence you require and the entitlements that you can claim, all without needing to pay legal fees unless you win the case.
- Undergo a medical assessment. As soon as the accident occurs you should visit a medical professional to assess your injuries and provide a report on the impact of the accident.
- Gather evidence. One of the most important factors of a public liability claim is the ability to prove that it was caused by negligence, which is why you will need photos of the hazard, witness statements or accident reports to back up your claim
- Identify responsible parties. A public liability claim is usually taken out against an insurer, so it is important to identify who is in charge of the location where the accident occurred, so that you can contact their insurance representatives to lodge your claim.
Once you’ve lodged your claim the insurer will either accept liability or reject it. If they accept liability then it is likely they will offer you a settlement. However, if liability is rejected you may need to go to court to gain compensation for your losses.
A professional lawyer can help advise you on how to best position your claim, maximise your payout and argue on your behalf if the insurance provider does not accept liability, making them an invaluable partner throughout the claims process.