Experiencing a terrible accident or injury can cause a shock to the system, resulting in a high level of stress. Many people are unsure of what to do if they are confronted with this situation which is why it is recommended to talk to specialist lawyers in order to gain the best advice.
There are various ways to stay prepared and alleviate the pressure. It is all about staying informed and educated about the process.
It is important to understand public liability claims as this can help you stay prepared in an unfortunate event of an injury.
What is a public liability claim?
A public liability claim is simply an application made regarding particular injuries as a result of the negligence of a person or organisation. This can be emotional, mental or physical. No public liability claim is identical which is why it is important to remember that the compensation and negotiation process all depends on the individual’s situation.
Types of Public Liability Claims
Business Premises
This includes any injury that may occur in supermarkets or other businesses. The owners of these premises owe a duty of care that may be breached if you have sustained an injury.
Whether it is a slip, fall or trip, you may be able to make a public liability claim. It is crucial to seek advice from qualified lawyers in order to receive the best outcome.
Rental property
Accidents which occur on the premises of your rental property including fixtures falling or collapsing could potentially qualify for public liability claims.
The landlord has a responsibility to provide a safe environment and if they have breached this, they are required to assist with financial compensation because of their negligence.
Faulty product
Faulty products are prevalent in today’s society with many businesses producing products below the required quality and standard.
Products such as poorly made electrical items and furniture which consequently cause injuries can potentially lead to the eligibility for a public liability claim.
Public places
Public liability claims can be made for injuries occurred in public environments such as concerts, sporting events, walkways in buildings, carnivals, schoolyards and even amusement parks.
Many people are unsure if they are eligible to make a public liability claim in these situations. Reaching out to a professional could help make the process easier, providing assistance and support throughout.
The process: successful public liability claims
Injuries can cause trauma, stress and anxiety for many people, particularly at the time of the event. It is important for people to take special precautions prior to making their claim and following the time of the incident. These include:
- If you have been involved in an injury, it is important that the first step taken is to call 000 or an emergency service as soon as possible. Receiving the right medical advice and assistance right away can make a massive difference to your recovery process.
- Obtaining surveillance camera footage of the site, building and surroundings can be a key source of evidence further supporting your claim.
- If there were witnesses at the site of your injury, it is important to reach out to them, as this is also a key source of support adding weight to your claim.
- Notifying the manager or owner of the site is an important step to take after the incident has occurred.
- Public liability claims may not be as simple as you may think, hence why it is recommended to seek a specialised personal injury lawyer to help solve the claim effectively and efficiently.
Verification: Public Liability Claim
The required evidence surrounding the injury and claim is crucial as this will either lead to the success or failure of your claim.
A public liability claim involves proving that the:
- Organisation or individual was under the obligation of providing you with a duty of care
- Organisation or individual violated that duty of care
- As a result, an injury/illness or loss has taken place
In some cases, the person injured will choose not to seek compensation right away, as they have no initial pain. They may realise the severity of the injury a couple of weeks later. This is why it is important to seek medical assistance as soon as possible, despite the intensity of the injury at the time.
If you haven’t made your claim right away, it is not an issue. In NSW, the public have up to three years from the time of their injury to make a claim. Although, this is not recommended. Speaking to a professional lawyer about your incident right away is the best bet to ensure a successful claim.
Understanding the public liability process, verification method and different types of claims are important as you never know when it may come in handy. If you have been injured in a public environment and may be eligible for compensation, it is advised to speak to specialist lawyers in order to achieve the ultimate success regarding your claim.