Injured in a Public Place
If you have been injured due to a danger on another person’s premises, such as a supermarket or shopping centre, or as a result of another person’s breach of duty of care, then you may be able to pursue a public liability claim.
Do I Have a Claim?
There is a limitation period of 3 years that applies to most public liability claims. If a public liability claim is not settled or proceedings are not commenced within that period then the claim will be barred (a longer period applies to minors).
What am I entitled to?
The damages claimable for a public liability claim usually include:
- General Damages - This is compensation for pain and suffering, bodily or mental harm, loss of enjoyment of life and loss of amenities, both past and future.
- Past and future medical expenses.
- Damages for past services of a personal and domestic nature, either paid or gratuitous.
- Past and future loss of earning capacity.
- Travelling expenses.
There is a restriction/threshold on awards of general damages which has the following effect:
- If general damages are assessed at no more than $17,500 then general damages will not be awarded.
- If general damages are assessed at more than $17,500 , but no more than $52,500, then the first $17,500 of the assessment will not be awarded.
- If general damages are assessed at more than $52,500, then the award of damages will be calculated by deducting from that assessment a sum lesser than $17,500 based on a sliding scale.
- For general damages greater than $71,750, no discount or deduction is made.
There is also a restriction/threshold on awards of damages for past and future needs for services of a personal and domestic nature which is currently $6,000.
If you have been injured due to a danger on another person’s property or due to another person’s breach of duty of care, you should immediately seek legal advice to protect your rights. You should not respond to any offer of settlement without first seeking legal advice.
Attacked by a dog?
If you have received injuries as a result of a dog attack then you may have a claim for damages pursuant to the Dog Act 1976, as well as a claim for criminal injuries compensation pursuant to the Criminal Injuries Compensation Act 2003. You however cannot receive double compensation. Find out more about criminal injuries compensation.
The Dog Act 1976 provides that the owner of any dog, or a person deemed to be the owner of a dog, shall be liable in damages for injury to any person inflicted in the course of an attack by that dog.
The damages payable pursuant to the Dog Act 1976 usually include:
- General Damages – This is compensation for pain and suffering, bodily or mental harm, loss of amenities and loss of enjoyment of life, both past and future.
- Past and future medical expenses.
- Past and future services of a personal and domestic nature, either paid or gratuitous.
- Past and future loss of earning capacity.
- Travel expenses.
If you have received injuries in a dog attack you should immediately notify the local council of that attack. You should also seek legal advice to ensure that your rights to compensation are protected.