Public liability claims for injuries in a public place

Have you been injured in a public place? If you or your child is injured in, for example, a shopping centre, private car park, school, playground, holiday rental or any other location that permits public access, you may be entitled to compensation.

What is a public liability claim?

Public liability claims can be brought for injuries that occur in a public setting. Some of the most common claims (and there are many more) that we see include;

• Slips and trips in public places;
• Injuries at supermarkets and shopping centres;
• Injuries that arise at schools or childcare centres;
• Injuries as a result of recreational activities;
• Injuries at playgrounds;
• Injuries at club and institution activities, for example, scout camps;
• Injuries at private residences;
• Injuries at rental (including holiday) accommodation; and
• Nervous shock claims as a result of witnessing a traumatic event.

These claims are governed by the Wrongs Act 1958 and can potentially be brought for:

• pain and suffering damages/compensation;
• lost wages;
• out of pocket medical and like expenses; and
• gratuitous care expenses.

To be successful with a claim your injury needs to be:

1. permanent;
2. stable (that is, unlikely to markedly improve or decline); and
3. a “significant injury”.

You also need to prove that the person or organisation responsible for the place or activity, failed in their duty of care to you.

What is a “significant injury”?

To bring a claim for pain and suffering damages, your injury needs to be assessed as a significant injury.

A significant injury is an injury that is assessed in accordance with the 4^th edition of the American Medical Association Guides and meets:

• a 5% whole person impairment (WPI) or more for spinal injuries;
• a greater than 5% WPI for other physical injuries; or
• a greater than 10% WPI for psychological injuries.

GETTING ADVICE IS CRUCIAL:  1300 700 761

Calculating your WPI is complex. It is crucial you seek advice from a lawyer experienced in public liability claims to ensure the prospects of a successful claim are maximised and that you receive all the compensation you deserve; not just what the insurer offers you in the first instance.

Injured in a public place? Your first 4 steps

1.  Seek medical care and treatment

If you have sustained an injury, the first thing that you need to do is seek appropriate medical care from a hospital or your local general practitioner. It is important that you speak to your treating doctor about how your injury occurred and any symptoms you are experiencing.

2.  Notify the organisation or person responsible for your injury

Secondly, you should report the injury to the person or organisation responsible. That could be a local Shire or Council, a school, landlord or whoever was in charge of the site where your injury occurred.

3.  Keep records of all your expenses

Thirdly, make sure you keep receipts of all expenses incurred following the injury. This should include:

• • doctor’s attendances;
  • medication;
  • physiotherapy and chiropractic expenses; and
  • kilometres travelled to attend treatment.

Also, keep a record of the time you have had away from work and any care provided to you by loved ones.

4.  Seek legal advice

Finally, make sure you seek advice from Guardian Injury Law to ensure that you receive clear advice regarding your rights and entitlements and so we can maximise your chances of a successful claim.

How will Guardian Injury Law help you?

At Guardian Injury Law, we will take every opportunity to engage with the defendants to see if an appropriate early resolution of your matter can occur. We take pride in being proactive in exploring alternative opportunities for negotiation so as to avoid lengthy litigation which ultimately incurs extra costs for our clients.

If we are unable to reach an appropriate resolution early on, we will continue to back your case to achieve the best possible outcome; fighting fiercely and fearlessly for you.