Everyone has the right to be protected by the law when they are in a public place. If you have been injured while in a public place, then you are often able to claim for compensation through public liability law.
What is Defined as a Public Place?
According to the law, public places can be both publicly and privately owned. Some examples include:
- Parks and gardens
- Sporting fields
- Shopping centres
- Footpaths
- Transport facilities
- Schools
- Hospitals
What is Public Liability?
At its simplest, public liability law deals with a situation where a person is injured due to the negligence of another person. This is related to the concept of ‘duty of care’, where either private or public owners have a legal responsibility to ensure the safety of people who occupy a public place. It is essential that those that own public places have public liability insurance, to protect people that use these facilities. As a result, claims for compensation resulting from injury are usually made to insurance companies.
Examples of Public Liability Claims
There are several examples of public liability claims, some of which include:
- Slip and fall incidents
- Physical assault
- Dog attacks
- Water sport accidents
- Rental accidents
How to Make a Claim?
To make a public liability claim, an important first step is to contact a lawyer that deals with public liability claims. They will be able to step you through the whole process and support you along the way. There are a few things to have on hand which will help you build your case, including:
- Photos of the location of the injury
For example, if the injury occurred in a shopping centre on an uneven surface, it is helpful to have pictures to demonstrate the safety hazard.
- Keep records of the events and aftermath
It is important to have a written record of the sequence of events that happened including the injury, following medical treatments and resulting costs.
- Loss of Income
If your injury has affected your ability to earn income, it is important to make a record of how much income you have lost because of the incident.
- Responses from those liable
If you have sent email correspondence to those who you believe are liable for your injury, it is essential to keep copies of these to help your case.
- Medical Records
If you received medical treatment for your injury, ensure that a list of all medications, x-rays, scans, appointment dates and other information is all stored.
If you have been injured in a public place and made a claim, Soul Legal is able to guide you through the compensation process. Soul Legal is a law firm dedicated to protecting the rights of all Western Australians. We are no win no fee lawyers, meaning that we do not charge clients unless their case is successful. We pride ourselves on our passionate and personalised service that we offer to our clients.
Director / Partner Soul Legal
