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5 Reasons Why You Need An Expert Lawyer In Your Public Liability Claim | Garling & Co

Wednesday, August 30, 2017

If you are injured due to another persons’ negligence, you may be able to make a public liability claim. Public Liability is a general term now used to encompass any claim where injury has occurred due to the negligence of another in a public place, on private property or due to another person causing you injury.

For example, you may be able to make a public liability claim for the following:

  • Assault by another person
  • Slip, trip and falls on private or public premises
  • Injuries at schools
  • Injury caused by animals (dog attack)
  • Sporting injuries
  • Injury on public land

Public liability claims are restricted by the Civil Liability Act 2002 (NSW) (CLA). 

The CLA is a very complex piece of legislation, but put simply, in order to make a claim you must prove the following two factors:

  1. That the defendant owed you a duty of care and;
  2. That the defendant has breached their duty of care.

Whether someone owes you a duty of care is usually easy to establish, the difficult question is if the Defendant has breached their duty to you. This will depend on a range of factors each usually dependant on the facts of each case. A Defendant must have done something or failed to do something which has created a risk of injury. Such risk must be foreseeable and could reasonably have been avoided by proper care.

If you are successful in establishing negligence, you will be entitled to compensation for pain and suffering and loss of enjoyment of life, out of pocket expenses, loss of income, and care and assistance. The compensation you will receive will be a lump sum amount, however, you can only make one public liability claim, therefore it is important that you make your claim properly the first time.

The law of negligence is very complex and you are advised to seek the assistance of an Accredited Specialist in Personal Injury Law as:

  1. Your lawyer will be able to tell you if you have a public liability claim and how much your claim is worth.
  2. Your lawyer will know what facts need to be established to prove negligence.
  3. They will take the stress out of your claim by helping you to understand the process of making a public liability claim and help you complete forms and collect relevant documents for your claim.
  4. Your lawyer is an expert negotiator and will be able to obtain more compensation than you will be able to by yourself.
  5. They will make your claim the right way the first time and maximise your lump sum settlement.

Each public liability claim is different and the outcome depends on the circumstances of each individual case. It is important to speak to an Accredited Specialist in Personal Injury Law as they are the experts in injury claims and can get you the best outcome.

If you would like to know more about selecting an Accredited Specialist or would like some advice in relation to your public liability claim, please call Matthew Garling on (02) 8518 1120 or email on mgarling@garlingandco.com.au .

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