Have you been injured in a public place, private property that is not your own, or due to the fault of somebody else? It may have been a fall on school grounds, an attack from a neighbour’s dog, or an object falling on you at the shops. In these cases you may be eligible for a public liability claim. Public liability can be difficult to understand because the grounds for claim are nuanced.
How Can You Be Eligible For A Public Liability Claim?
Simply put, you must show that your injury was the direct result of a ‘breach of care’ of somebody else. In practice this can become quite complicated, as you must prove that not only were you on the premises of someone else, or in someone else’s care, but that their negligence resulted in your injury.
You also need to prove that your injury was significant enough to cost you in some way. This may be for expenses you have already paid, such as the medical and other expenses resulting from the injury, or it could be potential loss of income or earning ability. You may also be able to receive compensation for projected future costs of ongoing treatment, help from others to perform normal tasks, or other ongoing consequences of your injury.
How Can You Prove Your Claim?
It can be difficult to prove your claim, especially if you are seeking compensation from a big company with expert legal teams. That is why it is essential to get legal advice from public liability lawyers as soon as possible. Unfortunately, if your claim is a Small Claim (less than $25,000) you can not be represented in court by a law firm. You can still however seek legal advice outside of court.
You should also seek advice on how much you may be able to claim. Often people underestimate how much compensation they are eligible for, regardless of whether you can be represented in court or not, this early advice on documents needed, precedent and other legal matters, will be crucial in your case’s chances of winning.
If your injury happened at work, or during a work related task, you should apply for an Adelaide WorkCover claim, not a public liability claim.