Public Liability - Adviceline Injury Lawyers
If you have been injured in a public place, through someone else's fault, you may be able to seek compensation. At Adviceline Lawyers we can offer you free advice on whether you have an entitlement to a claim.
Public Liability law applies to injuries that are sustained in a variety of locations, including:
- Supermarkets
- Footpaths
- Parks
- Schools
- Private residences.
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.
