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Occupiers Liability

If you are injured whilst on someone else’s property, this is sometimes known as an occupier’s liability claim. Examples of such claims are slips, trips and falls in supermarkets or shopping centres, injuries sustained on leased premises, injuries in car parks, injuries in hotels or clubs, injuries on building sites or injuries on any premises that are owned or leased by someone else.

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What is an occupier’s liability claim?

The law of occupier’s liability is the duty of care by an occupier of premises or land towards visitors on those premises.  Whether the visitor is invited or uninvited and who suffers an injury during the course of their visit.

Occupier’s liability is that part of the law which sets the safety standards for households, companies, tenants and anyone else who is in control of land or building so they should make sure that those premises are safe for anyone who enters onto the premises.

If you are injured while on the premises occupied by another, and you sustain an injury as a result of the negligence of the occupier, then you can claim the occupier’s public liability insurance.

Occupiers Liability

In 1987 the High Court decided in a landmark case known as Australian Safeway Stores Pty Limited v Zaluzna that occupier’s liability should be dealt with in the same way as normal negligence.

The law in NSW for negligence is governed by the NSW Civil Liability Act 2002 (NSW).

To make an occupier’s liability claim in NSW, you still need to establish that the occupier of the premises owed you a duty of care and that they have breached that duty of care. The test of whether a duty of care has been breached is whether it was reasonably foreseeable that someone could sustain an injury and whether the defendant did what was reasonably necessary to prevent such an injury from occurring.

Examples could be a slip on a piece of food in a supermarket. A supermarket owes a duty to anyone entering upon their premises that the floor is clean and any spills are removed as soon as is reasonably practicable. If the spilled substance is on the floor for an unreasonable period of time, then the occupier will be found liable to pay compensation.

What compensation can be claimed?

If you can establish negligence against an occupier you are entitled to claim the following types of damages:

  1. Pain and suffering and loss of enjoyment of life – this is a lump sum amount payable for the pain you have suffered as a result of the injury and the effects that the injury has on your life. The maximum amount payable is now close to $600,000.00.
  2. Out of pocket expenses – you are entitled to claim the cost of any out of pocket expenses which include payment for medical treatment and any other expenses you have incurred as a result of the injury.
  3. Loss of income – you are entitled to claim both past and future loss of income that is caused by the injury.
  4. Care and assistance – you are entitled to claim domestic assistance provided to you for free by family and friends or paid commercial care by a cleaner or a gardener for example. Such compensation is paid as a one off lump sum amount at the conclusion of any claim.

Are there time limits to make a claim for occupier’s liability?

Yes, there are time limits in which to proceed with these types of claims. Usually you must proceed with this type of claim within three years from the date of which you knew or ought to have known you had a right to make a claim. Generally, it is best to ensure that you seek legal advice within three years from the date of your injury.

Every claim for compensation is different and the success of any claim depends on the circumstances of how the injury happened. It is therefore important to do the following if you have sustained an injury:

  • Report the injury to the occupier or owner of the premises.
  • Take photographs of the area where you sustained injury.
  • Take photographs of the injury.
  • Seek appropriate medical attention.
  • Consult with an Accredited Specialist in Personal Injury Law.

If you need assistance with your occupier’s liability claim, please do not hesitate to contact us as follows:

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
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