Workplace Injuries: What You Need to Know
Workplace safety in Australia is a serious matter that isn’t to be neglected. Australian society bears the huge burden of cost, loved ones must care for the injured employee, and…
Receive financial compensation for injuries in public places or on private premises, such as businesses, residential properties, and council land.
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Securing Compensation for Your Injury: Public Liability Lawyers
A public liability claim is a way to offset any harm – including pain and suffering – that you’ve suffered in public because of someone else’s negligence.
Public liability doesn’t cover traffic accidents or workplace injuries.
Injuries in Public Places
Sport Injuries
Animal Attacks
Injuries on Business Premises
Assaults at Venues
Daycare or School Injuries
Psychological Injuries
Food Poisoning
What Is Public Liability?
In Victoria, the occupiers and landlords of premises have a duty of care to make sure that visitors won’t be injured because of the state of the premises.
If someone is injured because of another person’s negligence, they can often make a public liability claim.
The two exceptions to public liability claims are traffic accidents (which, in Victoria, are TAC claims) and workplace injuries (which are covered by WorkCover).
What Claims Does Public Liability Cover?
Not all injuries that happen in public spaces or on private premises are covered by public liability.
For a claim to be successful, the claimant must prove that the occupier or landlord of the space (the respondent) failed in their duty of care.
In considering the respondent’s duty of care, the Court looks at:
- the seriousness and likelihood of the probable injury;
- the circumstances of entry onto the premises;
- the nature of the premises;
- whether the respondent knew or should know that people/property were on the premises;
- the age of the claimant;
- the ability of the claimant to appreciate danger;
- whether the claimant was intoxicated;
- whether the claimant was engaging in an illegal activity; and
- the obligation of the respondent to eliminate danger and protect the claimant in relation to the level of danger.
You also need to prove that you have suffered or will suffer as a result of the incident, which can include:
- current and future lost earnings;
- current and future medical expenses; and
- pain and suffering.
Finally, you normally need to lodge a public liability claim within three years of the incident occurring.
If you’ve suffered an injury as a result of someone else’s negligence, talk to our team of public liability lawyers in Melbourne to find out how we can help.
Examples of Public Liability Claims
While all public liability claims are different, the following situations are examples of probable claims.
- You hit a protruding piece of concrete while riding your bike in the bike lane and break your arm.
- You slip on an unsigned wet floor at a supermarket and hurt your back.
- You cut yourself on a rusty nail while sitting at a friend’s table and get tetanus.
- A dog escapes from its owner and trips you, causing damage to your nose, teeth and wrists.
- You visit a farmer’s market and suffer a hip injury when a vendor’s cart rolls into you.
Why Victorians Choose Pentana Stanton Lawyers
A public liability claim is a way to offset any harm – including pain and suffering – that you’ve suffered in public because of someone else’s negligence.
Public liability doesn’t cover traffic accidents or workplace injuries.
No-win No-fee Option
If your case has a strong chance of winning, we may offer you the option of no-win no-fee payment.
We still bill our normal hourly rate – but you only pay if we get you a successful outcome.
Advocacy-based Approach
Most lawyers passively represent clients, viewing them as cases, not people.
Instead, we actively advocate for the outcome you deserve, grounding our approach in our understanding of your individual needs.
Fluent in Nine Languages
With public liability lawyers or solicitors fluent in Arabic, Bosnian, Cantonese, Croatian, English, Greek, Serbian, Sinhalese and Spanish, we’re a law firm for all Victorians.
Making a Public Liability Claim
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Establish Eligibility
Before you lodge a public liability claim, make sure that you’re eligible to do so.
Book a free consultation with our personal injury team for a 30-minute eligibility check.
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Gather Evidence
Once your solicitor has confirmed that you are eligible to move forward with a claim, gather evidence.
This can include photographs, communication records, and medical records.
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Negotiate
Most public liability claims are settled out of court.
Your solicitor can advocate for your rights during negotiations with the other side.
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Go to Court
If the other side is unwilling to compensate you for your loss, you can take them to court.
Public liability cases are heard in the Common Law Division of the County Court.
Public Liability Entitlements
If your public liability claim is successful, the Court may award you with compensation and/or damages for your injury.
Entitlements include:
- Payment of past and future medical expenses incurred by the injury, including travel expenses
- Payment of past and future lost wages
- Damages for pain and suffering, loss of quality of life, or disfigurement
- Damages for the loss of your ability to look after dependent people
- Damages for the time unpaid carers have spent looking after you
In any public liability matter, it’s important to maximise your entitlements by claiming for all your injuries and losses.
For example, in addition to physical damage from an accident, you might also have suffered long-lasting psychological damage, which could require long-term professional treatment to manage.
To find out what you could be entitled to, book a free 30-minute meeting with our personal injury team.
Our Office Locations
Melbourne CBD
Level 3, 552 Lonsdale Street, Melbourne VIC 3000
Dandenong
Suite 9 (Level 1) 50–54 Robinson Street, Dandenong VIC 3175
Success Stories
Your Law Team
Jesse LaGreca
Partner | Principal Solicitor
Jesse is a highly experienced commercial solicitor admitted at both the Supreme Court of Victoria and the High Court of Australia.
He excels at prosecuting negligent professionals, with a strong record of obtaining financial and non-financial damages for clients who have suffered losses.
Practical Guides to Public Liability
Reading up on the basics of public liability can help you learn more about your rights. Get started with our library of easy-to-read articles and guides.
Public Liability FAQs
How long does it take to settle a public liability claim?
Public liability claims typically take 12 to 18 months to settle. Each claim is unique, though, and settlement times can vary depending on the complexity of the matter, the time required to gather evidence, and the willingness of the respondent to negotiate.
