Public or Occupiers Liability claim
Accident in public places can sometimes be referred as Occupier’s liability claim where the accident occurred in a public place or at someone’s property.
Public liability claim can be brought in various circumstances where a person injured as a result of the failure of another person or business or government body to take reasonable steps to the safety of the person. For instance, in some of the following circumstances:
- Tripping & falling on an even pavement or potholes in carparks or footpath.
- Animal bite where the dog attacks you.
- Sporting Accidents
For example, if you are employed through a labour hire company or a third-party company to attend to your job at a hospital. While you are attending work at a hospital, you got injured as a result of the hospital’s failure to take reasonable steps to protect you from getting injured. Then you can bring an Occupier’s liability claim against the hospital.
What are the pre-requisites to bring a claim for Public or Occupiers’ liability?
In New South Wales for a successful case, an injury needs to prove the elements of negligence against the Occupiers under the Civil Liability Act. Following are fundamental elements where an injured person needs to prove to bring a case of negligence:
- The duty of care owed.
- Duty of care breached by the Occupier.
- The breach of the duty caused an injury.
- An injury caused loss of income or wages.
Are Medical expenses & Loss of Wages paid by the Occupier?
In New South Wales under the Civil Act the negligence person or the organization is not obliged to pay for the medical expenses or loss of wages whilst you are off work recovering from the injuries. In this instance, most of the time the matters are litigated in the court.
What Compensation you can claim?
If you are injured because of someone else’s negligence and the negligence is proven, then you are entitle to financial compensation. That includes the losses also payable. Following are some damages which can be claimed for Occupier’s liability cases:
- Loss of wages including future loss of earning capacity
- Loss of Superannuation
- Pain and suffering
- Medical expenses including future medical expenses & treatment.
- Domestic assistance including care and personal assistance by a family member if required.
No doubt very immense amount of work is required to bring successful case of occupier’s liability claim for negligence and lawyers at Sher legal have significant expertise and knowledge to help and assist you in reaching the successful outcome via settlement or judgement.
