Public Liability Claims
Claims for compensation arising out of incidents which occur in the public arena are regulated by the Personal Injuries Proceedings Act 2002 (“PIPA”). Some of these areas are injuries:
- In a park
- In a rental premise or on a property
- In a private building
- In a schoolyard
- Caused by animals
- In Amusement venues
- In recreational or sporting grounds
- By food poisoning
We can provide expert advice in relation to your rights and entitlements with respect to any such possible claim.
All of these public liability type cases are regulated by PIPA. This again is an extremely complex yet beneficial piece of legislation that requires expert legal knowledge to successfully navigate and maximise a claim. We have a particularly strong interest and investment in claims of this type.
You will need to prove:
- The person or company at fault owed you a duty of care (they had an obligation to take measures to prevent any harm to you);
- That ‘duty of care’ was breached; and
- You have been injured as a result and suffered loss.
It’s important to note that injuries aren’t always physical, you can claim for psychological injuries such as PTSD, depression and anxiety related injuries following public liability injuries and can be claimed for as well.
How much you receive in compensation depends on your situation and the severity of your injuries. A lawyer will be able to provide you with an idea of your rights once they know more about the facts of your case.
In most cases it is the insurance company of the person or company at fault that will end up paying the compensation to you. The individual or business responsible isn’t usually the one who will have to pay you the compensation it’s all handled through the insurance company.
The law surrounding public liability law in Queensland allows an individual to make a claim for:
- Pain and suffering
- Past wages or economic loss including interest and loss of superannuation contributions
- Future wages or economic loss including future loss of superannuation contributions
- Past and future medical, hospital, pharmaceutical, rehabilitation, domestic assistance and care expenses.
There may also be other things you can claim for depending on the nature of your injuries. A lawyer will be able to advise you once they know more about your situation.
It’s important you get the right advice for your situation as soon as possible following your accident.
The area of law is quite complex and there are strict time limits which govern your ability to make a claim.
Should you wait too long to make a claim you may forgo your rights.