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If you have been injured in a public place, through someone else’s fault, you may be able to seek compensation. At Advice Line Lawyers we can offer you free advice on whether you have an entitlement to a claim.
Examples of recent cases we have settled include a claim for a woman who slipped on spilt detergent in a supermarket which did not have a proper cleaning system in place. We also recently settled a claim for a child injured at an amusement park where faulty equipment caused him to suffer serious head injuries.
The law requires individuals to take responsibility for their own safety. For example, the law states that people walking on footpaths cannot expect to always be walking on a smooth surface and an individual must keep a proper look out for hazards. Where a hazard is not obvious, such as a hidden danger, the council responsible for the footpath may be found to be negligent. In recreational activities a person may be found to have consented to the dangers associated with the activity where the risks of harm are obvious.
Significant Injury
In order to bring a claim for pain and suffering damages in Victoria (excluding personal injury from assault and other criminal activities) you must establish that you have suffered a significant injury. A claim can be brought for medical expenses and loss of wages (or for pain & suffering if the injury is caused by an intentional act like assault) even if the injury is not significant.
A significant injury is defined as:
- for physical injury, more than 5% whole person impairment
- for psychiatric injury, more than 10% whole person impairment
- loss of a breast
- loss of foetus.
Impairment is assessed using the American Medical Association’s ‘Guides to the Evaluation of Permanent Impairment’ (4th Edition) as is used in WorkCover claims. Where agreement is not reached between parties that a person is significantly injured, a medical panel decides the impairment level of a person.
Time limits to make a claim
Most people have 3 years from the date of the injury in which to commence these types of claims. In some instances this could be 3 years from when you first became aware of the negligence that caused your injury. To ensure that a claim is not brought out of time it would be best to see a lawyer well before the expiration of 3 years from the date of injury. Children under the age of 18 years with capable parents have 6 years within which to bring a claim, however for all claims there is a maximum period of 12 years from the date of the cause of injury in which to bring a claim.
If you want to be represented by an expert Melbourne lawyer, experienced in public liability claims, please contact us on:
t: (03) 9321 9988
e:
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