PUBLIC LIABILITY

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In New South Wales, public liability claims are designed to protect individuals who have been injured or suffered loss due to someone else’s negligence in a public space. Whether it’s a slip and fall, an injury from a defective product, or harm caused by unsafe property conditions, public liability claims offer a path to compensation. At MD Law Group, we understand the challenges of pursuing a public liability claim and are here to guide you through the process. This article explains the basics of public liability claims in NSW and how our experienced team can assist you.

A public liability claim is a legal action seeking compensation for injuries or losses sustained in a public or private space due to someone else’s negligence. The responsible party—whether a business owner, government entity, or property manager—has a duty of care to ensure that their premises are safe. If this duty is breached and results in harm, the injured party may be entitled to claim compensation under public liability law.

Public liability claims can arise from various situations. Some of the most common types include:

• Slip, Trip and Fall Accidents: These occur frequently in public spaces such as shopping centres, restaurants, or sidewalks due to wet floors, uneven surfaces, or obstacles.
• Accidents in Recreational Areas: Injuries sustained in parks, playgrounds, or sports facilities due to unsafe equipment, poor maintenance, or lack of safety measures.
• Defective Products: Claims can arise from injuries caused by faulty products purchased from stores or online. Product liability is a subset of public liability claims.
• Animal Attacks: If an individual is bitten or injured by an animal, particularly a dog, they may be entitled to make a claim if the owner failed to take adequate safety precautions.
• Construction or Workplace Hazards: Passers-by or customers injured by construction materials or unsafe worksite conditions can file a public liability claim if the site was not properly secured.

To succeed in a public liability claim, certain elements must be established:

1. Duty of Care: The claimant must show that the responsible party owed them a duty of care. For example, a shopping centre has a duty to ensure the safety of its visitors.
2. Breach of Duty: The claimant must prove that the responsible party breached this duty. This might involve demonstrating that the premises were not maintained adequately, or that warning signs were missing.
3. Causation: It must be established that the breach of duty directly caused the injury or harm. Evidence such as medical records, witness statements, or surveillance footage can be vital here.
4. Damages: Finally, the claimant must show that they suffered damages—financial, physical, or emotional—as a result of the incident. Compensation can cover a range of damages, including medical expenses, lost income, pain and suffering, and ongoing rehabilitation.

The process of pursuing a public liability claim in NSW involves several steps:

1. Seek Medical Attention: If you’ve been injured, your health and safety are the priority. Seeking immediate medical attention not only addresses your injuries but also creates an important record that can support your claim.
2. Report the Incident: Inform the property owner, manager or person you think is responsible of the incident as soon as possible. For instance, if you fell in a supermarket, report it to management, as they will document the incident.
3. Gather Evidence: Collect as much evidence as possible to support your claim. This includes photos of the accident scene, witness statements, incident reports, and medical records.
4. Seek Legal Advice: Public liability claims can be complex, as they often involve proving negligence. Consulting with an experienced lawyer, like us at MD Law Group, can help you understand your rights, evaluate the strength of your case, and guide you through the legal process.
5. Lodge a Claim: Your lawyer will investigate, advise, draft and file a formal claim, including details of the incident, medical evidence, and an assessment of damages sought. Public liability insurers will typically review this claim, and settlement negotiations may follow.
6. Proceed to Court (if necessary): While many public liability claims are resolved through negotiation, some may proceed to court if a settlement cannot be reached. We will represent you, present your case, and advocate for the compensation you deserve.

Compensation in public liability claims aims to cover both economic and non-economic losses. This may include:

• Medical Expenses: Costs for immediate and ongoing medical care, including surgeries, therapy, and rehabilitation.
• Lost Income: Compensation for income lost during recovery, as well as potential future earnings if you are unable to return to work.
• Pain and Suffering: Non-economic damages for physical and emotional distress resulting from the injury.
• Home Modifications and Care: If you require modifications to your home or need additional care due to your injury, these costs may also be covered.

At MD Law Group, we understand that an unexpected injury can cause financial strain and emotional distress. Our team of experienced public liability lawyers are dedicated to making the claims process as smooth as possible and achieving the best outcome for you. Here’s how we can assist:

1. Free Initial Consultation: We begin with a no-obligation consultation to discuss your case, assess its viability, and explain the claims process. We provide honest, clear advice about your legal options.
2. Gathering Strong Evidence: Our team will work with you to gather all necessary evidence, including medical records, accident reports, and witness statements. This comprehensive approach ensures we have the strongest possible case.
3. Expert Negotiation: Many public liability claims are resolved through negotiation with the responsible party’s insurer. Our lawyers are skilled negotiators who will advocate on your behalf to secure a fair settlement without the need for prolonged court proceedings.
4. Representation in Court: If a settlement cannot be reached, we are prepared to take your case to court. Our team has the expertise to present a compelling case and represent your interests with professionalism and dedication.
5. Supporting You Through Recovery: We understand the toll an injury can take on your life. Our team is committed to handling the legal complexities so you can focus on recovery, knowing your case is in capable hands.

Public liability claims provide a pathway to compensation for individuals who have suffered injuries due to another party’s negligence. If you or a loved one has been injured in a public space, our team at MD Law Group can offer the legal support and guidance you need. With our experience, dedication, and compassionate approach, we strive to secure the best outcome for our clients and help them get back on their feet.

To learn more about your rights or to discuss a potential public liability claim, contact MD Law Group. We’re here to guide you through every step of the process and pursue the compensation you deserve.