Occupiers Liability and Damages Claims
What is Public & Occupiers Liability?
An injury that has occurred at a public or private place such as a shopping centre, service centre, public building or home, where the person or organisation which controls that place was deemed negligent as they did not provide proper duty of care for your safety.
What is meant by Duty of Care?
“Duty of care” means that a person or place has a legal obligation to take reasonable measures to ensure that you are kept out of harm’s way. That you are safe and all reasonable precautions have been taken to ensure your continued safety.
A breach of duty of care occurs when harm or damage has been caused to a person because of the unreasonable action or inaction of another person, business, government or council body, and that it was reasonably foreseeable that such action or inaction would result in a risk of injury to that person.
“Duty of care” exists across many professions, for example, a Landlord needs to ensure safety to their tenants, medical professionals owe a duty of care to their patients, drinking establishments owe a duty of care to their staff and patrons.
What are examples of Occupiers Liability?
- Commercial Leased & Rental Premises – such as apartments, motels, work environments, injuries could be caused by faulty workmanship, installations or repairs.
- Supermarket Slip, Trip or Fall causing injury such as broken bones, fractures, pulled muscles, head injuries etc.
- Footpath or Carpark Injures – uneven surfaces, protruding tree roots, unmarked overhead obstructions
- Hospitality establishment, such as Pub, Motels, Hotels, restaurants and Licensed areas – causing injury due to negligence
- Building Sites & Work Site Injuries – without the required workplace safety checks
- Residential environments
- Parks and fitness venues
- Adventure, adrenaline or amusement parks injuries
- Injuries you suffered while attending a sporting event, or by playing a sport.
Do I have an Occupiers Liability Claim?
You could be entitled to compensation if you have suffered any injuries whilst at a place or property that was due to negligence by the owner or occupier of that place. Injuries such as these are usually covered by public liability insurance.
What do I need to prove an Occupiers Liability Claim?
- That an injury has occurred,
- That it is a compensable claim
- That the injury was due to a breach of duty of care owed to you.
- That it occurred at the hands of an individual, a business, a local council or a government department.
How long do I have to make a claim for Occupiers Liability?
There are time limits to lodge claims of this nature. Generally within 3 years from the date of the accident, or the date that you were aware of the injury and the repercussions of the injury and that you knew you had a right to make a claim.
Things you should do if you have suffered an injury in a public place
- Note the time and day
- Report the injury to the owner or manager of the premises (the occupier) as soon as you are able, often there may be a Health & Safety employee. Ensure a written record of your injury is documented.
- Take photos of the injury
- Take photos of the area where the injury took place
- Take note of any external factors that may have also taken place at the time. Was there adequate lighting, was there a spill making the floor slippery, was there adequate signage or anti-slip reflectors etc.
- Seek medical attention and make them aware that the injury was in a public place – keep medical reports, receipts and records.
- Keep records showing a loss of earnings caused by your injuries (if relevant)
- Were there any witnesses or security footage? Keep contact details of any witnesses.
- Engage with Walker Law Group for a Free Case Assessment
What does it cost to make an occupiers liability claim?
In almost all cases, we review your case and will offer a No Win No Fee basis.
This means there is no cost to you, no upfront fees payable by you.
Legal costs are determined by the amount of work required to resolve your case but we will be able to give you an estimate based on your unique case, which will be extracted from your awarded claim amount.
What is involved to make an occupiers liability claim?
If you think you may have a claim due to an injury at a public or private place that occurred as a result of the negligence of the public or private place, then call us to have an initial obligation free case assessment. We will be able to determine if we believe you have a case.
Further, we will be able to advise you what we believe you are entitled to based on what we can claim for you. Walker Law Group will then be able to negotiate directly with the third-party insurer on your behalf.
Perhaps you have sugared lost wages, medical expenses, pain and suffering and loss of enjoyment of life, out of pocket expenses, ongoing care and assistance that may be required (such as modifications to your home after injury). We will also consider any potential lost earning capacity. If we can show that the injury caused was a direct or indirect result of negligence by the Occupier then the occupier will be found liable to pay compensation.
Most importantly, we will aim to protect your rights and progress the claim quickly and painlessly.
If you need help with your occupiers’ liability claim, then just remember:-
- You do NOT need to accept the first answer you receive from the occupier or the insurance agency.
- You do NOT need to remain loyal to a Personal Injury / Compensation Claims Lawyer. If you think they are not doing the best for you, we can help you switch.
- You should always engage in a Personal Injury Specialist Law Firm – Personal Injury is the ONLY thing we do, which means we are very good at it and get results.
Call Walker Law Group today. Our public liability lawyers are specialists and can help you through the confusing and complex legal requirements which determine entitlements to compensation claims.