If you've been injured in a public place or on property that is open to the public, such as shopping centres, parks, or restaurants, you may have the right to make a public liability claim. Public liability claims in New South Wales (NSW) aim to compensate individuals who have been injured due to someone else's negligence in maintaining safe conditions in public spaces. This process can be complex and knowing your rights under the Civil Liability Act 2002 (NSW) is key to successfully making a claim. This article looks at five frequently asked questions asked by people before proceeding with a public liability claim in NSW.
1. What is covered by a public liability claim?
Public liability claims cover a broad range of injuries and incidents that occur in public spaces. Whether you've slipped on a wet floor in a shopping centre, tripped over an uneven pavement, or been injured by faulty equipment at a playground, you may be entitled to seek compensation.
Public liability claims cover compensation for various damages, including:
- Your past and future medical expenses (including hospital visits, surgeries, and rehabilitation)
- Your past and future loss of income due to time off from work
- Your pain and suffering resulting from the injury (known as non-economic loss)
- Your past paid care and future care and domestic costs
However, public liability claims do not automatically entitle you to compensation. Under the Civil Liability Act 2002 (NSW), the key factor is that the injury must have occurred due to the negligence of the party responsible for the area. This means you will need to demonstrate that the responsible party failed to take reasonable steps to ensure your safety.
2. What do I need to prove to be successful?
The cornerstone of any public liability claim is proving that the responsible party was negligent. Section 5B of the Civil Liability Act 2002 (NSW) provides that to establish negligence, you must demonstrate:
- Duty of Care – that means the defendant (such as a store owner, public authority, or event organiser) owed you a duty of care to ensure your safety.
- Breach of Duty – that means the defendant failed to meet that duty by not taking reasonable precautions to prevent harm.
- Causation – that means the defendant's breach directly caused your injury.
- Damage – that means you suffered actual harm as a result, such as a physical injury.
Evidence is crucial in proving negligence. You will need to provide as much information as possible to demonstrate the circumstances of your injury and how it could have been prevented if proper safety measures had been in place. This includes gathering evidence such as photographs of the accident scene, witness statements, and copies of any incident reports filed at the time of your accident.
3. Do time limits apply to public liability claims?
Yes. In NSW, strict time limits apply to personal injury claims, including public liability claims. As set out under the Limitation Act 1969 (NSW), you generally have three years from the date of the injury to commence legal action. This time limit is critical, as failure to initiate your claim within this period can result in it being barred by the court.
However, exceptions can apply but if you're approaching the three-year limit, it's essential to consult a personal injury lawyer promptly. The sooner you seek legal advice after any accident, the better, as building a strong case can take time.
4. Do I need medical evidence to bring a claim?
To successfully bring a public liability claim, you must be able to demonstrate the extent of your injuries and the impact they've had on your life. This requires comprehensive medical evidence from your treating doctors and any specialists involved in your care.
Under the Civil Liability Act 2002 (NSW), compensation is awarded only when the injury is significant enough to warrant damages. The severity of your injury, its long-term effects, and whether it affects your ability to work or participate in everyday activities are key factors considered when assessing the amount of compensation, you are likely to be awarded.
Medical evidence to support your claim could include:
- Any hospital and GP records
- Specialist reports
- Details of any surgeries or treatments you received
- X-rays or scans showing the extent of your injury
- Medical evidence of any permanent impairment or disability
Additionally, you will likely need to undergo independent medical examinations arranged by your lawyer and the defendant's insurer. These assessments help to establish the severity of your injury and its potential long-term effects upon you.
5. Do I need to have a lawyer to make a claim?
Public liability claims can be complex, particularly because the Civil Liability Act 2002 (NSW) sets out several thresholds and conditions that must be met to succeed. Many claims involve large insurance companies representing the defendant, and these companies have teams of lawyers working to minimise the compensation paid out by their clients.
Given the complexity of these claims, seeking expert legal advice early is essential. An experienced personal injury lawyer can help you understand whether you have a viable claim, assist with gathering the necessary evidence, and negotiate on your behalf with the insurer.
Having legal representation can be particularly helpful in maximising your compensation. Lawyers can accurately calculate the full scope of your losses, including future care and lost income, to ensure that you receive fair compensation for your injuries.
If you've been injured in a public place and believe someone else is responsible, it's important to seek legal advice as soon as possible. Our team of experienced personal injury lawyers can guide you through the process, helping to maximise your chances of success and ensure that you receive the compensation you're entitled to.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
