Our public liability lawyers acting in Sydney and surrounding areas handle all claims according to our risk-free fee agreement.
What is public liability
Public liability in Sydney and NSW falls under the law of tort which focuses on civil wrongs. Broadly defined public liability is an obligation that all individuals, businesses and organisations must uphold to ensure the safety of other people. The obligation in question is known as a duty of care which translates to a moral or legal obligation to ensure the safety or well-being of others.
Under common law, if a person suffers injury, harm or death and it can be proven that the responsible party failed in their duty of care, a public liability claim can be brought against the party in question.
Types of public liability claims
Common types of public liability claims handled by our lawyers in Sydney include slips and trips, sexual assaults, food poisoning, physical assaults, dog bites and all general injuries arising in any of the following places:
- Shops, supermarkets and shopping complexes
- train and bus stations, garages, car parks, petrol stations and taxi ranks
- overseas and domestic holidays
- Fitness centres, gymnasiums, and swimming pools
- Poorly maintained roads, pavements, footpaths, and unsafe road works
- Theme parks or amusement centres
- Construction and building sites
- schools, TAFEs and universities
- bars, clubs, restaurants, and pubs
- Movie theatres, arcades, and outdoor sporting venues
Preparing for a public injury claim
If you’ve been injured in public it’s important to gather as much evidence as possible to support your case. If you havent already done so you should carry out the following as soon as practically possible.
- Seek immediate medical attention from your GP or hospital
- report the accident to the owner of the property, or in the case of commercial premises such as a shop, report it to employees
- if you did not report it at the time of the accident, report it immediately, in as much detail as possible
- ensure that the accident is logged in the company’s OH&S logs
- take names and addresses or contact details of any witnesses
- take photographs of the scene of the accident
- measure any defect that caused the accident, e.g. raised flooring or a damaged paving slab that lead to a trip – this may be useful if the owner repairs the defect after the fact
After your accident, you may require ongoing medical treatment like physiotherapy it’s important to document this too.
Making a public liability claim in NSW
The public liability lawyers at Millner and Knight can make a broad assessment of your eligibility for claiming compensation if you were injured in a public place. To start your claim we recommend calling our Sydney office on 02 9188 2023 to have your case assessed by one of our lawyers.
If you have a case, they will also let you know if you’re eligible to take advantage of our no win no fee guarantee and also let you know what’s achievable in terms of a payout. It’s then left up to you to decide whether or not you wish to pursue your matter with us or not. Our advice is free and impartial and we will never press you into starting any legal proceedings.
Our lawyers can help claim compensation as a remedy to the accident, to restore the status quo had it not occurred. We understand that financial compensation can only ever go so far in terms of truly compensating you but it can enable you to focus on your recovery.
Please note that strict time limits apply in New South Wales so it’s important to seek legal advice as soon as practically possible to ensure you don’t lose your right to claim.