Public liability law covers a wide range of circumstances in which a person suffers injury or death in the public domain. Our expert team of public liability lawyers commonly litigate accidents that occur in Queensland or Western Australia (WA) in public or private places and injuries resulting from assaults and recreational or sporting accidents. Slip, trip or fall injuries and some food poisoning claims are also covered under public liability law.
If you’ve been injured in Queensland or WA, and it was someone else’s fault, you could be entitled to a compensation claim.
Types of public liability claims under Queensland or WA law
Public Liability claims in Queensland and WA cover a variety of circumstances. The most common types of claims include:
- Injuries in parks, leisure centres or other public places (e.g. Slips, trips and falls, Back injuries, Neck Injuries, Psychological injuries)
- Injuries in rental premises (e.g. landlord/tenant)
- Injuries in private buildings (e.g. shopping centres)
- Injuries caused by animals (e.g. dog attacks, horse-riding accidents)
- Schoolyard injuries
- Amusement venue injuries
- Recreational and sporting injuries (e.g. jet-ski and diving accidents)
- Aviation and boating injuries
- Food poisoning
- Physical assaults
- Sexual assaults.
Public liability legal process in Queensland and WA
Everyone’s situation is unique, because no two public place accidents or injuries are the same. However, the below video provides a simple guide to the public liability claims process, and how you can access compensation following an accident:
How public liability compensation gets calculated in Queensland and WA
Depending on the nature of your public liability claim, in most instances a monetary value is placed on the gap between your predicted life path before the public place accident, and your actual life path since the injury.
This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibited us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on public liability law.
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Common questions about Public Liability Claims in Queensland and WA
To make a successful claim for compensation in Queensland and WA, you must prove three things:
- That the person or company at fault owed you a duty of care – meaning they had an obligation to take measures to prevent harm
- The person or company failed to take this duty of care
- As a result, you were hurt and suffered loss.
When it comes to who pays the public liability compensation to you under Queensland or WA law, in most cases it’s the insurance company of the person or business at fault that will be paying the compensation to you.
Each claim is different but compensation is generally available under Queensland or WA law for:
- Past and future medical expenses
- Past and future loss of earnings
- Pain and suffering as well as loss of enjoyment of life
- Care and help provided by friends, family or any other individual.
The actual amount of compensation you’re entitled to will depend on factors such as your age, how badly you’re injured, how much you’ve lost in earnings, and how much you’ve paid out of your own pocket for your treatment so far.
Compensation amounts are calculated based on the amount of harm or loss you suffer. Once all of the evidence is gathered, you will be able to get a good idea of the compensation amount you can expect.
How long your claim takes depends on a few things, for example how complex your particular situation is.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
There are time limits for making a public liability claim. In Queensland and Western Australia, you need to lodge your claim within three years of the date you were injured.
In most cases, you won’t be able to make a claim after this time. It’s important that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit.
We work on a No-Win-No-Fee basis for public liability claims in Queensland and WA, so you’ll only pay our fee if we win your case at the end of the claim.
Our costs depend on the amount of work required to resolve your claim, and every situation is different. As part of our service offering we can also visit you at your home or a place of your convenience.
It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.
Most people making public liability compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.
Shine Lawyers have offices in the following locations in Queensland and WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and your ability to being forward a claim for compensation under Queensland or WA law. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in Queensland: