An animal assault in the space: You may have an event in which the owners or residents of a space fail to keep an animal, whether domestic or wild, restrained and this is a consequence of negligence for which one can make a claim.
In each of these scenarios, you must be able to show that the accident occurred on the defendant’s property, and that it was the straight consequence of the defendant’s carelessness.
You may be eligible to seek damages even if you were not directly hurt but your life was affected in a negative way by other individual’s injury. A family member who needs to allocate time from work to provide care for an injured loved one is a usual example.
It is not every time obvious what injuries and situations are eligible for public liability because it can includenumerous cases and likelysuspects if the owner and occupant of the space are not the same.
Public liability compensation payoutsmay be very high, basedon the fundamentals of the case. In many conditions, the amount of compensation given is influenced by the following components:
The amount of compensation you get may also depend on whether you resolve your situation or retort to a lawsuit.
In order for your claim to be covered in each of these situations, you must be able to prove that the accident took place on the defendant’s property or occupancy, and was the direct result of negligence on the part of the defendant.
In some cases, you may also be able to seek damages if you were not directly injured but your life was negatively impacted by an injury to someone else. A common example is a family member who must take time off of work to care for an injured loved one.
Because public liability could cover a wide range of cases, and potential litigants if the owner and occupant of the space are different, it’s not always clear what injuries and circumstances qualify.
In some situations, having a strong case will simply come down to whether you can gather any evidence of negligence. For example, if you slip and fall in a public space, and the incident is captured by CCTV, it might be relatively easy to prove negligence. In other circumstances more extensive investigations may be required to build a successful case. An experienced legal professional can help you to determine if your claim meets the terms needed to pursue public liability compensation.
The amount of compensation you receive may also depend on whether you settle your case or pursue it in court. While taking a defendant to court may yield a bigger payout, it can also be more expensive. For those cases that do end up in court, the cost depends on the length and complexity of the case and which court hears it. Cases that go to the Supreme Court tend to be the most expensive.
If you wish to proceed, partnering with a team of legal experts can help you to reach your desired outcome.
Bereaved, the man reached out to our legal team for assistance. Our specialist was able to gather sufficient evidence to prove negligence and impact. An inspection of the hotel bathroom found that the floor surface did not pass a slip resistance test. In addition, our expert determined that the hotel had failed to conduct a proper risk assessment before opening up their rooms to guests. This proof of negligence was coupled with testimony from an orthopaedic surgeon and a psychiatrist, who each spoke to the physical and mental toll that the injury had taken on our client. As a result, the hotel was forced to reach a settlement that helped to repay what the man had lost.
Our track record of success extends beyond dealing with businesses to include public liability litigation against property owners. In another recent case, from Aug. 2020, our legal experts were able to win our client a $260,000 payout, after he tripped while walking in Sydney’s Central Business District. The man was returning to work from his lunch break along a public pavement when, swerving through the crowd, he tripped on the side steps of a building and sustained an ankle injury that required surgery. The injury ultimately hindered our client from pursuing his typically active lifestyle, which included marathons, squash and ‘boot camp’ style events. In addition, the man was let go by his employer shortly after the injury, and the recovery process hindered his ability to hold stable employment.
While proving public liability in such a case may have seemed challenging, the lawyers of Taxcellent Consulting Services and Partners got to work, and got results. Our team demonstrated that the steps in question were difficult to see from the sidewalk, due to the slope of the footpath, and no signage was put in place to indicate their presence. To gather the evidence necessary, we conducted multiple site reviews and used the testimony of an orthopaedic surgeon, who spoke to the way our client’s injury prevented him from performing repetitive movements, lifting heavy objects and navigating stairs and uneven slopes.
Once we had our evidence in place, we proceeded in a case against the joint owners and occupiers of the neighboring building, arguing that the owners were responsible for the construction and lack of indicating signage. Our team pushed hard for the highest settlement possible from the owners and ultimately were able to get our client an amount that allowed him to move on from this difficult time in his life.
Frequently Asked Questions
There are time limits involved with public liability claims, so it’s important to make a claim as soon as possible to ensure you remain eligible. Usually, individuals have three years from the date of injury to file a claim but this may differ by state and it is often best to start the claims process as early as possible.
Each case is different, with a number of factors potentially affecting how long it takes to come to a final decision. Despite this, most simple claims should be resolved within 18 months.
In more challenging, complex cases, the process will be longer and could take a few years.
If you’re awarded compensation, the businesses insurer will cover the cost. There are a number of areas that compensation could cover, including physical and psychological injuries and losses.
Contributory negligence occurs when both parties are at fault in causing an accident or injury. For example, if a supermarket employee fairs to clean up a spillage in an aisle causing a slip & fall, but the victim had ignored warning signs.
A claim against the council in the event of an injury is a legal proceeding that arises after an accident in public areas.
“I would like to sincerely thank Taxcellent Consulting Services & Partners for how they handled my case & the great outcome. Prior to contacting Taxcellent Consulting Services, I had approached other firms, who said my case was “too small,” for them.Not so with Taxcellent Consulting Services, who understood the stress I was living in due to the severity of the damage caused by negligence. They can help anyone, no matter how big or how small the case. They really care for their clients.”
