For those who love attending concerts, festivals and sporting events, while a lifetime of memories is something to look forward to, a permanent injury is not. More often than not, public events can be a dangerous place for not only those attending but also those who work at the venue.

If you have attended a public event and have been injured as a result, you may be entitled to a personal injury claim through public liability or, for injured workers, a WorkCover claim.

This blog looks specifically at public liability claims if injured at an event.

Who is responsible if I’m injured at a public event?

The responsibility of ensuring that a public event is safe falls into a number of hands:

• The venue;
• Event organisers;
• Security;
• Vendors / contractors; and

All of the above owe a duty of care (a legal obligation to ensure the event is safe) to those who are not only attending the event but also to any staff that will be present.

If you have been injured at a public event, and if your injury occurred as a result of the negligence of one of the above individuals or organisations, you may be entitled to compensation through a public liability claim.

How is a duty of care owed to attendees at public events?

All individuals and organisations that are involved in the setting up and running of a public event must ensure that they take all reasonable steps to ensure that eventgoers are safe. This means that any foreseeable injuries must also be considered, and reasonable steps are taken to ensure that no injuries are caused.   

If you have been injured at a public event as a result of an individual or organisation who is a part of the event:

• you must prove that the injury you sustained was foreseeable; and
• the individual or organisation breached their duty of care to you; and
• as a result of the breach, you have sustained a serious and significant injury.

What injuries may occur at public events?

There are a number of ways attendees may be subjected to injuries at public events:

• Being hit by an object;
• Equipment failures (for example, show rides);
• Animal-related injuries (for example, rodeos, agricultural shows);
• Slip and falls;
• Crowd crushing;
• Mosh pit injuries; and
• Accidents in the parking lot.

Regardless of whether the injury happened inside or outside the venue, you may have a claim.

It is important to keep in mind that some injuries may not always be physical. A claim may also be able to be put forward as a result of psychological injuries.

What to do if you have been injured at a public event?

Seek medical attention as soon as possible

If you have been injured at a public event, do not panic. More often than not, there will be a medical tent or medical personnel present. If you are unable to make your way to the medical tent, catch the attention of someone you came with or another attendee and ask them to notify medical personnel.

If you are unable to locate a medical tent or find any medical personnel, call an ambulance or make suitable arrangements to attend a hospital or clinic for medical attention.

Ensure that your injury has been recorded

Once your injury has been addressed by a qualified treater, make sure that your injury is recorded. This can be done by medical staff and also by event staff.

If your injury worsens, having a recount of your injuries and how they occurred at the time of injury will ensure that should you forget details of your injury, they have been recorded for further reference.

Document your injury

Public events can be a very stimulating place with lights, sounds and large crowds around you. This can make it hard to recount the extent of your injury after the fact.

Therefore, don’t be afraid to take your phone out and take as many photos and videos of your injury as necessary. This is beneficial especially if you have a physical injury where the extent of the damage can be seen.

If possible, you should also obtain the contact details of any witnesses.

Record any medical or like expenses

Sometimes, injuries can occur internally. This means that it may take weeks or months to surface.

It may first develop as a slight pain and can increase to something more serious. Keeping all your receipts and invoices related to the injury will ensure that should your injuries worsen you not only have a timeline of the progression, but should you choose to pursue a compensation claim in the future, you have the proper evidence to be reimbursed for your medical and like expenses regarding your injury.

Compensation entitlements if injured at a public event

If you have been injured as a result of an individual or company's negligent actions at a public event, you are entitled to the following:

• Pain and suffering damages/compensation;
• Lost wages;
• Out-of-pocket medical and like expenses; and
• Gratuitous care expenses.

Time limits for public liability claims

The statute of limitations (time limits for claiming) for a public liability matter is three years from the date of injury for those over the age of 18 years and six years from the date of injury for minors. Therefore, it is important that you contact a lawyer sooner rather than later to ensure you do not miss any relevant time limits.

Get help from a personal injury lawyer

At Guardian Injury Law, your personal injury claim for public liability compensation will be assessed by a lawyer who will provide you with the best option suitable to your situation. We provide free initial advice and run cases on a no-win, no-fee basis. So, it costs you nothing to find out where you stand.

Contacting Guardian Injury Law

📞 1300 700 761

📧 enquiries@guardianinjurylaw.com.au