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Public Place and Private Property Injury Claims

If you have been injured in an accident other than a road traffic accident or as an employee in a work accident, you may be able to make a public liability claim for compensation. In a public liability claim the compensation is paid by a public liability insurer or a government department (depending on where and how your injury occurred). To be entitled to compensation you must be able to show that the other party was at fault for the accident which caused your injuries.

Public liability claims cover a wide range of situations. Common examples include:

  • Slips, trips and falls;
  • accidents at rental properties;
  • injuries sustained while visiting a private residence;
  • schoolyard or day care accidents;
  • assaults at licenced venues;
  • injuries during sporting activities;
  • dog bites;
  • accidents while engaging in recreational activities such boat or jet ski accidents; and
  • product liability claims.

These are only some examples of the types of public liability claims. There are many more circumstances in which injuries may be compensated through a public liability claim.

You may also be entitled to public liability compensation if you are injured while working but due to the fault of a company or person who is not your employer (for example if you are working in a labour hire arrangement or if you are injured during a visit to another site which is not under the control of your employer).

A public liability claim may compensate you for losses associated with your injury including pain and suffering, past and future loss of income, past and future loss of superannuation benefits, past and future medical expenses and past and future care and assistance.

Strict time limits apply to public liability claims in Queensland. It is important that you obtain legal advice early from an experienced personal injury lawyer to ensure that your rights are protected.

Our experienced personal injury lawyers can assist you through the compensation claims process, provide advice about your prospects of success and maximise your compensation to assist in putting you and your family back in the best position possible for your future. Contact us for an obligation free initial appointment.

Frequently Asked Questions

What kinds of injuries fall under a public liability claim?

Public liability claims cover a wide range of circumstances. The most common examples include:

  • Claims against the occupier of the land where the injury occurred. These are where injuries are caused because of some defect or hazard in the premises and include accidents at a:
    • commercial premise such a shopping centre or restaurant (for example as a result of a slip, trip or fall);
    • rental property;
    • private residence;
    • school or day care;
    • theme parks;
    • local Council venues such as playgrounds, parks or pathways.
  • Claims against host employers. These are commonly made where a person is injured while working under a labour hire arrangement and is injured as a result of the negligence of their host employer. 
  • Assault claims. These can include assaults by patrons or staff at licensed premises and assaults by police.
  • Claims resulting from sporting or recreational activities. For example, injuries caused by boating accidents, jet ski accidents, team sports or gym activities. 
  • Accidents on planes. 
  • Product liability claims where an injury is caused by a defective product.

Will the public liability insurer pay for my medical treatment or time away from work?

Unfortunately there is no obligation on the Public Liability insurer to pay for your upfront treatment expenses or time away from work. However, we can claim these expenses and lost income as part of the damages claimed in your public liability claim.

There is some funding available through Medicare for physiotherapy and psychological treatment. We recommend discussing these options with your GP.

Can I claim for the death of a loved one that occurred in a public place?

If you have lost a loved one in a public place accident, due to the fault of another party, compensation may be available to assist you financially. Dependency claims are usually made by the deceased’s spouse, children or other dependents. You may be entitled to claim for reasonable funeral expenses and for loss of the deceased’s wages and domestic services that the deceased previously provided. L&H Injury Lawyers can provide you with advice and assistance with your potential dependency claim. Contact us for an obligation free initial appointment.

Can I claim for a psychological injury caused by the death of a loved one in a public place?

The loss of a loved one causes immense grief. If your loss has caused you not only grief, but a psychological injury, you may be entitled to make your own claim for damages. This is referred to as a nervous shock claim. L&H Injury Lawyers can provide you with advice and assistance with your potential nervous shock claim. Contact us for an obligation free initial appointment.

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