Public Liability

Public Liability claims occur from injuries sustained as a result of hazards in public and private places.

 

These can include trips and falls due to defective footpaths, slipping in supermarkets and shopping malls and many other situations.

 

It must be shown that the injury was sustained due to the negligence of the council, owner or occupier. This can include a failure to inspect and rectify hazards in footpaths, a failure to regularly inspect premises for spills or a failure to notify the public of hazards, such as wet floors during cleaning.

 

The Wrongs Act requires that the injury be assessed as a “significant injury” before damages for pain and suffering can be claimed.

 

For physical injuries a significant injury is a 5% or greater whole person impairment when assessed pursuant to the AMA Guides to Impairment (4th Edition).

Psychological injuries require a 10% or greater whole person impairment.

 

Damages can also include amounts for loss of earnings and medical expenses.

 

It is often possible to negotiate a settlement with the insurer of the negligent party without the need to issue court proceedings.

 

The claim cannot be commenced until the injury is stable, generally 12 to 18 months after the date of injury, but proceedings must be issued within 3 years of the date of injury.

 

It is important that you seek advice and assistance as soon as possible after the injury is sustained so that the matter can be investigated early, and discussions commenced with the appropriate party. You should also take photographs of where the injury occurred.

 

Case Study:

 

Kerri injured her lumbar spine when she slipped and fell on a wet floor in a regional shopping mall. Cleaning was in progress, but warning signs had only been placed facing the entrance to the shopping centre. Kerri had entered through the rear entrance where no signs had been placed.

 

Kerri prolapsed the disc at L4/5 in the fall and subsequently underwent surgery to fuse the spine at that level. Kerri had ongoing problems with pain in the lumbar spine and referred pain into her left leg. The injury reduced the hours she could work at her usual job and affected many of her recreational activities and hobbies.

 

Ultimately Kerri received substantial damages for pain and suffering and economic loss.