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Home Public Liability Lawyers

Public Liability Lawyers

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If you were physically or mentally injured in a public or private property because of “the occupier’s negligence”, you are entitled to claim compensation for your losses arising from the injury. You can reach our public liability lawyers for a free claim assessment to know your entitlements.

  • No Upfront Costs​
  • No Win No Fee
  • 99% Success Rate
  • Maximum Lump Sum Payout​

What is a public liability claim?

You can make a claim against the occupier who may be an owner, a manager, tenants or local authority depending on the situation. In New South Wales, many organisations are legally required to have public liability insurance. You will most likely make your claim against an insurer in case you suffer from an injury at a public or privately-owned place. The occupier’s negligence is determined based on three conditions secured in The Civil Liability Act 2002 (NSW).

caution-public-sign-wet

What does public liability compensation cover?

Loss of past and future earnings

Loss of income while you are on recovery and loss of opportunity for earning money

Medical expenses

Domestic assistance

Lump sum payout for pain and suffering

Our senior public liability lawyers can advise on your rights and entitlements arising from your specific situation.Contact Withstand Lawyers for more information on what you can claim.

Calculate your compensation claim

How do I make a public liability compensation claim ?

When making a compensation claim for public liability, you should:

  • Identify the responsible party related to your injury and immediately notify them about the accident. If possible, make a written notification and hold a copy for yourself.
  • Collect as much evidence as possible of the accident like photos, videos and witness accounts together with medical reports assessing your injuries. Keep copies of medical bills and any correspondence related to the accident as well.
  • Document the time and the location of the accident together with details such as how it happened and what other people were involved.
  • Obtain proof of your days away from work. Also, documents proving your earnings before the injury like payrolls will be required in the process of claiming for lost income.

Most public liability claims are settled through payment made by the liability insurer. In cases that a settlement can’t be made or the insurer does not accept liability for the injury, court action may be needed. Of course we do not expect you to have all of the above however the more evidence the better.

Contact our experienced public liability lawyers to gain additional advice on the process of making a public liability compensation claim.

What are the public liability payout amounts?

If you suffered an injury due to the negligence of the owner or operator of a public place, such as a slip and fall in a shopping Centre, for example, you would be entitled to a public liability payout amount which will depend on the strength of negligence you can establish along with the extent of your injuries and losses. Generally, from our firm alone, the public liability amounts range anywhere be $50,000 -$400,000.

What are the conditions to meet to make a public liability compensation claim?

The Civil Liability Act 2002 (NSW) puts forward three main conditions you need to meet in order to be successful in making  a public liability claim.

1. If the risk of injury was not obvious to you

2. If the injury happened despite your reasonable precaution

3. If you weren’t engaging in a recreational activity where a warning of the risk was given to you

Calculate your compensation claim
public place supermarket cart

Frequently Asked Questions

How long does a public liability claim take?
It really depends on your circumstances of the accident, whether the insurer admits liability immediately or without having to commence court proceedings and also the extent of your injuries. If your injuries require surgery than your claim may need to wait to ensure that you are not finalising your claim without knowing the success of the surgery. If you resolve your claim it cannot be reopened. It usually does resolve within 1-3 years however it is important to understand that you have 3 years from the date of the accident to commence court proceedings otherwise you will be barred from commencing court proceedings without seeking special leave from the court which can be difficult without a strong explanation as to why you failed to commence court proceedings within 3 years.
What are common types of accidents that you can make a public liability claim for?
  • Slips and falls due to wet surfaces
  • Injuries caused by broken glass
  • Burns from hot food and drinks
  • Injuries from falling objects
  • Injuries from attacks
  • Dog bites
  • Trips and falls on walkways
  • Assaults
Common places that injuries due to negligence occur are supermarkets, shopping centres, rental properties, car parks, schoolyards and sports grounds.
Does public liability insurance cover food poisoning?

Yes, this usually applies in cafes, restaurants and catering services who can be held liable by their customers for food poisoning and public liability claims can be made against their insurers.

Why trust Withstand Lawyers?

Our lawyers specialise in public liability claims and can assess the suitability of your case for making a compensation claim and guide you through every stage of the legal process in a simple manner to ensure you understand. You will be offered best advice on your rights and benefits and how to claim them. Also, our no win no fee policy assures that you will not be charged if you do not receive compensation. Call us on 1800 952 898 today!
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Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

Picture of Issa Rabaya

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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