If you have sustained an injury in a public space such as a shopping center, public building or jobsite, due to the negligence of the person or entity responsible for maintaining the safety of that space, then you may be eligible to claim compensation.
Public liability claims can arise from a variety of situations, such as slip and fall accidents, faulty equipment or facilities, inadequate signage, or unsafe conditions on public or private property.
The key components of a public liability claim are:
1. Negligence
To succeed in a public liability claim, the injured person must show that the person or entity responsible for the public space was negligence. Negligence arises when there is a breach of a duty of care owed to others, leading to injury and loss.
2. Duty of care
The person or entity that has care and control over the public space owe a duty of care that extends to taking reasonable steps to prevent injury or loss.
3. Injury, loss and damages
The injured person must demonstrate that they have suffered injury or loss as a result of this negligence in order to recover damages. Compensation in a public liability claim can include payment of:
- Medical and rehabilitation expenses
- Past economic loss including loss of income while you recover from your injuries
- Future economic loss if you injuries have an going impact on your future earning
capacity
- Non-economic loss (also known as pain and suffering)
4. Legal process
The legal process for a public liability claim in NSW typically involves notifying the responsible party, gathering evidence, filing proceedings in court, negotiating, and possibly proceedings to a hearing if a settlement agreement cannot be reached.
If you have sustained an injury in a public space, call our team today on 02 8046 9700 for a free initial consult. If there is an arguable case to be made, we can act for you on a no win no fee basis.
