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).

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 $19,000 then general damages will not be awarded.
• If general damages are assessed at more than $19,000, but no more than $57,500, then the first $19,000 of the assessment will not be awarded.
• If general damages are assessed at more than $57,500, then the award of damages will be calculated by deducting from that assessment a sum lesser than $19,000 based on a sliding scale.
• For general damages greater than $77,695, 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 $6,500.

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.

Dog attack victim’s compensations