Public Liability Lawyers

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Public Liability Compensation Claims Cairns

If you have been injured in a public place in Queensland due to someone else’s negligence, you may be entitled to compensation. A public place can be any of the following:

  • Supermarkets and shopping centres
  • Sporting fields or schoolyards
  • Parks, gardens and footpaths
  • Private residential property, including a friend or family member’s house

Individuals and businesses have a duty of care to ensure the safety of their patrons or people who come on their property. Most property owners and all businesses are required by law to have a public liability insurance policy in place. If you have been injured in a public place, the other party’s insurer is responsible for paying compensation. If they do not have insurance in place or have voided their policy, they will be directly liable to pay the compensation.

Talk to our personal injury lawyers to see if you may be entitled to claim compensation for your injury.

Public Liability Claims Payout

If you suffered an injury as a result of negligence in a public space, the amount of compensation you are entitled to will vary depending on:

  • The severity of the injury, and the medical treatment needed
  • The extent to which the injury has affected your capacity to continue working
  • Your age and how much you earn

Typically, a public liability claim can take between 12 to 18 months, however, each claim is different and depending on the severity of your injuries, it can take longer. Therefore, if you are considering a compensation claim, we recommend you speak to a lawyer as soon as possible.

Starting the Process

If you would like to make a public liability claim, you firstly need to give a Notice of Claim to the person or business that owned or controlled the space where you were injured. There are time limits for making personal injury claims, with the Personal Injury Proceedings Act setting a maximum of nine months to give a Notice of Claim. However, you can take up to three years to finalise a claim.

If you are unsure of how to proceed with making a public liability claim, our lawyers can help you. Contact us today for a free initial claim assessment. Our Cairns compensation lawyers work on a no win, no fee basis, so you can seek professional legal advice and the compensation you deserve.

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Frequently Asked Questions

What are the different types of public liability claims that can be filed?

Property owners (excluding residents) and business owners must carry public liability insurance to cover them for a range of potential injury claims. These can include, but are not limited to:

  • Slips and falls in a public space such as a footpath, restaurant, or retail outlet
  • Accidents in a rental property
  • Sports injuries
  • Physical assault
  • Dog attacks

If you have been injured in a public space, speak to our lawyers to understand your entitlements.

What is Proportionate Liability?

Proportionate liability enables you to make a claim for personal injury, even if it was partially your fault. The other party may seek to have your proportion of the blame be as high as possible, which naturally will reduce your compensation claim, if successful. An expert personal injury lawyer will be able to guide you through the process and ensure your share of ‘contributory negligence’ is as low as possible.

Who pays the public liability compensation?

In most cases, public liability compensation is paid through the other party’s insurer. As public liability insurance is compulsory for businesses or individuals, it is usually the insurance company that will take care of the claim.

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Townsville Lawyers