Injured in Public? You May Have a Claim

Accidents happen. But you may be entitled to compensation when your injury occurs due to someone else’s negligence on their property or in a public space. We understand how challenging it can be to recover from an unexpected injury. Our experienced team can help you navigate the legal process and fight for the compensation you deserve.

Understanding Public Liability Claims

A public liability claim can arise in various situations where a person is injured due to another individual’s, business operator’s, or government authority’s failure to exercise reasonable care for their safety. To succeed in a claim, it is typically required to prove that the injury resulted from negligence. However, in some cases, legislation has removed the need to prove fault, while in others, it has limited the circumstances under which negligence claims can be made.

In most cases, a public liability claim must be commenced within 3 years of the date of the accident. However, it’s important to note that time limits can vary depending on the specifics of the case and local legislation. With this in mind, seeking legal advice as soon as possible is advisable to ensure your rights are protected.

Claims of this nature are often made against shopping centres, supermarkets, business owners, local councils, government organisations or individuals, such as neighbours.

The intricacies of the law around public liability mean that your first step should be to contact the Foye Legal team for an initial, obligation-free consultation.

EXAMPLES:

To succeed in a case, it must be proven that the injury resulted from the occupier’s negligence.

Examples of public liability claims include:

Slipping on contaminants in a shopping centre and falling;
Tripping on uneven pavement or damaged footpaths, or falling into potholes in car parks due to uneven surfaces;
Stepping into a pothole on someone’s lawn;
Being attacked by a neighbour’s pet, such as a dog;
Falling due to poor lighting or inadequate signage in public spaces;
Injuries caused by faulty or poorly maintained equipment in parks or playgrounds;
Accidents resulting from unsecured objects or debris on a footpath or in a public area.

We’re in this together

When you’re down, you need the right people on your side to help you stand back up. If you’re claiming compensation for an injury, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

Public Liability Claims

FAQs

Who pays for my medical expenses?

Unlike other compensation schemes, there is no obligation on the person or organisation identified at fault to pay medical expenses or loss of wages whilst you are off work and recovering from your injuries. This means many of these cases must be mediated or litigated in Court.

What can I claim for?

The purpose of the law is to put a person who has suffered injury due to someone else’s negligence back in the position they would have been, but for that negligence. The only means the law has for doing this is financial compensation.

If negligence is proven, then compensation will be payable. The losses also need to be proven, but damages or “compensation” can be claimed for:

What is the fee for public liability claims?

For personal injury claims in the state of New South Wales, we act for our clients on a ‘No Win, No Fee’ basis. In other words, unless we recover compensation for our client, we will not charge for our work. During your initial consultation, our Foye Legal team will answer any questions you have regarding our fee policy, as conditions do apply.

What first steps should I take if I am injured in a public place?

You should immediately seek to report the incident to the owner, store manager, centre management, or government authority/council.

This might involve completing an incident report or form;
You should also consider taking photographs of the area where you were injured;
Of course you should also immediately seek medical attention;
It is also important that you contact a lawyer for some preliminary advice about your rights and what you should do going forward.

What can I claim?

If you are successful in a claim, you will be awarded damages representing your loss of income and possible loss of future income, reimbursement of your treatment expenses in the past and an amount for likely future treatment expenses, an amount to cover the care or domestic assistance you may have required and might need in the future and also in some cases, for your pain and suffering.

Are there any time limits that could impact my ability to claim?

Yes. In most cases, proceedings are required to be commenced in court within 3 years from the date of the incident. In some circumstances, you can seek to bring the case outside these 3 years with leave of the Court.

How long does a claim generally take?

Generally speaking, most product or public liability claims are resolved within 6 to 18 months from the time the claim starts. If the case goes to trial (which is highly unlikely), this can add a further 6 to 12 months to the time estimate.

How much does it cost to make a liability compensation claim?

A: If your case has to go to court, it will cost more than if it settles at an early stage. The more work which is done results in higher fees; however, we always do whatever we can to keep costs as low as possible. All of this is explained in our written advice along with realistic and reliable fee estimates.