If someone else’s negligence has injured you, you may be eligible to claim public liability compensation.

To make a successful public liability claim, you must be able to prove that:

• You were owed a duty of care
• The duty of care owed was breached
• It is reasonable to foresee in the circumstances that the breach would lead to the injury or damage sustained.

A duty of care can be breached when the occupier or operator of a space or premises is negligent for not protecting your safety in entering and using that space.

The organisation or business that has caused or contributed to your accident or injury may be found liable and legally required to pay you compensation. It is also possible for the organisation or business to be liable for the actions of others. For an organisation or business to be liable, they must control the location of your accident.

Successful Public Liability claims by Barbante Personal Injury Lawyers include the following:

• Slips and falls in supermarkets and other retail outlets
• Injuries on private property
• Injuries on public property managed by a local Victorian Council
• Injuries on public transport (e.g. buses, trams, and trains)
• Injuries in commercial, retail or private buildings (e.g. shopping centres, parking lots, night clubs or bars)
• Boat and water-sport accidents
• Sporting injuries
• Bicycle accidents that don’t involve a vehicle

Businesses and other (non-domestic) occupiers of premises are required to carry Public Liability Insurance. Typically, the insurance company of the person or business at fault will pay the compensation, not the person or business that contributed to the accident themselves. A person’s home & contents insurance covers public liability if an accident occurs at a private residence.

As a result, Businesses and Councils won’t have to find a lawyer to represent them either. This is all administered by the insurance company, which will then delegate a law firm to act for the party at fault.

If the injury occurred on land owned or managed by a local Victorian Council, you will usually need to prove the following to be entitled to compensation:

• The council has acted or failed to act reasonably when maintaining, inspecting or constructing the area where the injury occurred.
• As a result of the council’s negligence for acting or failing to act reasonably, you suffered a “significant injury.”

It should be noted that the council will have public policy defences available to them in certain instances. We have extensive experience in acting for injured persons who have been injured due to the negligence of local Victorian Councils. Barbante Personal Injury Lawyers can assist you in determining if you have a claim.

To bring a claim for a slip, fall, or trip in a supermarket, you will need to establish the following:

• The supermarket did not take reasonable care to ensure the safety of its customers.
• As a result of the supermarket’s negligence in not taking reasonable care, you suffered a “significant injury.”

It is essential that, after being injured, you contact the relevant authority and lodge an incident report. You should also take photos of the accident scene as soon as possible and gather details of any witnesses to the incident. These steps are crucial in ensuring you have a strong public liability claim.

Your entitlement to compensation depends on the severity of the injury and whether it occurred due to the fault of another person.

If this is established, you may also be entitled to claim the following:

• Medical costs (including past and future expenses)
• Lost income (including past and future earnings)
• Pain and suffering
• Loss of enjoyment of life (note that there is a cap on what you can claim for pain and suffering)
• Home help and attendant care

Only when the injury is considered permanent and stable will you be entitled to compensation, and we can issue proceedings on your behalf. This is generally one year from when the injury occurred. After approximately one year from the injury occurring, you will be advised to be assessed by doctors. They will evaluate your injury and determine the permanency and stability of your injury.

Depending on the severity of your injuries, you could also claim a lump-sum payment for pain and suffering. This requires establishing that the injury occurred due to the negligence of another person. Once you contact us, we will advise whether negligence can be established in your case.

Barbante Personal Injury lawyers will inform you at every stage of your claim. Many public liability cases are settled out of Court. However, if a court hearing is necessary, we will guide you through the process.

You have three years from the date of injury to commence a public liability claim.

If you are unsure how your condition will develop, you should continue attending doctor and hospital appointments. Once you have received treatment and better understand your condition, you may pursue a public liability claim.

You may also be entitled to other benefits such as:

• Total and Permanent Disablement or Permanent Incapacity claims within your Superannuation Scheme
• Income Protection

These schemes depend on your policy as they all operate with different and specific requirements that need to be satisfied.