In Victoria, if you are injured on private or public property you may have an entitlement to pursue what is broadly referred to as a ‘Public Liability Claim’.
These places can include:
- In supermarkets or shopping centres or shops;
- On footpaths or roads;
- During sporting or recreational pursuits;
- In pubs, clubs or other venues;
- In a person’s home or on their property;
- In parks;
- In other public places.
A Public Liability Claim is a claim for damages which may include:
- Damages for pain and suffering;
- Damages for loss of enjoyment of life;
- Past loss of earnings;
- Future loss of earning capacity;
- Medical expenses past and future;
- The cost of care which has been provided to you by care providers or family members.
You must be able to establish that the accident was at least in part, the fault of another party. This is referred to as negligence. To claim damages for pain and suffering in cases excluding assault cases, you must also be able to establish that you have suffered a threshold level of injury.
Our team of experts will advise you on the likelihood of satisfying the threshold injury test and of proving negligence, so that you can make an informed decision about whether to proceed with your claim.
For more information on particular injury circumstances see:
Making A Public Liability Claim With Fortitude Legal
In Victoria, unlike injuries occurring at work or on the roads, there is no Government- backed compensation scheme in place to support people injured on private or public property.
In order to obtain compensation, you must deal directly with the person who you claim caused or contributed to your injuries, or their insurer or lawyers. It goes without saying, but each case is unique and that’s how we will treat your case at Fortitude Legal. Having said that, there are some generally uniform procedural and practical steps that are taken in Public Liability claims. The below is an informative guideline of the process in pursuing a Public Liability claim.
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The law surrounding public liability claims and your entitlements is complex and there are strict time limits that apply. It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.
We can help you navigate the legal requirements, maximise your entitlements and make the decisions that are right for your future.
If you have a query, please do not hesitate to contact our expert Public Liability Team for a no obligation chat.
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