Public Liability and Negligence Claims

Your life can be severely disrupted after you have suffered an injury in a public place. Your professional & personal lives may need adjustment, and your finances are sure to be affected.

NO WIN NO FEE                +  FEES WITHHELD

In such a situation, the support of loved ones and your employer can help you tide over your injury, but monetary compensation, practically speaking, is the most important aspect of leading a reasonably or substantially new life.

Though claims differ based on the nature and circumstances of the incident, you can generally claim compensation for the following:

  • Past and future medical expenses
  • Pain and suffering, as well as loss of enjoyment of life
  • Past and future loss of earnings
  • Care provided by family, friends or carer

Common claims include injuries caused in a public park, rental premises or private buildings, schoolyard, amusement venues; injuries caused by an animal (horse-riding accident, bitten by a dog); injuries arising from sporting or recreational activities; food poisoning; and physical assault.

Public Liability
Claim Public Liability

What do you need to prove?

To claim public liability, you will need to prove one of the following:

Duty of care: Proving that the individual or business was legally obligated to implement reasonable measures to prevent people against harm.

Fault: Proving that the individual or business breached that duty of care and the injury resulted from negligence or an action on the part of the individual or business.

Loss/Damages: Proving loss or damages as a result of the injury, whether physical, psychological or both, as well those listed above.

Professionals and businesses are covered by various types of insurance, from general and tenant insurance and contractors liability to professional indemnity and product liability insurance.

Businesses and public councils don’t need to engage lawyers to represent them as their insurance company will handle the case. Public liability and other negligence claims are vigorously defended by insurers.

Pentana Stanton aggressively advocates on your behalf

During the consultation, we assess your case to determine if you have a viable claim. If viability cannot be established, we do not recommend further action. The following factors are considered:

  • Whether another party is at fault
  • The medical diagnosis for the injuries
  • The degree of permanent impairment
  • The severity of the injuries
  • The consequences of the injuries

We generally obtain medical material and clinical records from hospitals and clinics and a detailed set of instructions around the circumstances of the accident that caused the injuries, work history, medical history, education and the impact of the injuries on work capacity and activities of daily living.

If we recommend that a claim is viable, the next stage involves obtaining written opinions from specialists (Independent Medical Examinations or IMEs) around such issues as diagnosis, prognosis, work capacity and vocational capacity.

After we have built and run the case, we start settlement negotiations. If negotiations are unsuccessful, we proceed to trial and fight tirelessly to achieve a favourable outcome.