In New South Wales, the Civil Liability Act 2002 (CLA) allows you to claim public liability compensation if you’re injured in a public place or on private premises.

Public liability covers such a wide range of claims. The general rule is if you have suffered physical or psychological harm or injury that cannot be claimed for under motor accidents or the worker cover commission then you could be entitled to claim under public liability.

What Makes Me Eligible For Claiming Public Liability Compensation?

If you have experienced a significant injury, time off work, and/or medical bills after an accident in a public place or on a council-owned or business-owned property, then you may be eligible to claim public liability compensation.
For a successful claim, you will have to prove that:

  • You were owed a duty of care
  • That the duty of care was breached
  • It could have been predicted that this breach would lead to injury

Examples Of Public Liability
Public liability covers physical and psychological injuries as a result of circumstances such as:

  • Injuries in schools, entertainment venues, shopping centres, or on business premises
  • Injuries caused by animals
  • Sporting accidents
  • Food poisoning
  • Physical and sexual assault
  • Faulty products

The Compensation Claim Process

You are eligible to lodge a compensation claim within three years of an accident. There is a relatively simple process to collecting evidence for and filing a claim against public liability.

You can submit a compensation claim yourself, but it is recommended to hire a no win no fee lawyer who’s familiar with the legislation of your state to maximise the amount of compensation you can receive. After an initial call, a compensation lawyer would review your case and its financial opportunity, then arrange experts across the medical, engineering and accounting fields to support your claim.

Depending on your case, public liability claims typically take 12-18 months for settlement, but this can take longer if your lawyer decides to pursue the case in court.

A Step-by-step Guide To Compensation Claims

Step 1
Gather evidence of the accident including photos of the hazard and the resulting injury, statements from bystanders, and accident reports from the building or local authority.

Step 2
Visit a doctor for an injury assessment. Keep any medical evidence to prove what injuries you suffered.

Step 3
Find out who was responsible for the accident. This will usually involve contacting the property owner.

Step 4
Submit your public liability claim to the property owner’s insurer. If this is accepted, you will likely receive a settlement payment.

Step 5
If the insurer rejects liability, you may need to take court action

What General Entitlements Could Occur?

You will be entitled to a lump sum payment that may include a sum for pain, suffering and loss of amenities, an amount to cover your loss of wages and costs of treatment. In some circumstances you may recover costs of care as well. Payments can range from $5,000 to millions depending on your circumstances.

It’s important to get legal advice on the amount that your case deserves

Get In Touch With Tony Love Lawyers Today
For all of your public liability claims and queries, get in touch with Tony Love Lawyers. We are a team of lawyers you can trust, with over 25 years of experience in injury litigation.