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In Queensland, public liability claims are governed under the Personal Injuries Proceedings Act 2002.
Public liability is a category of negligence that focuses on injuries sustained in either:
The injuries sustained must be as a result of the fault (or negligence) of someone else.
Public liability typically involves demonstrating a relationship between the injured person and the at-fault party, which requires the at-fault party to owe a duty of care to the injured person. To be successful, the injured person must then be able to demonstrate that the at-fault party breached their duty of care and their injuries have resulted directly from that breach of duty.
In order to commence a public liability claim in Queensland, a plaintiff must establish the following factors:
A plaintiff must provide evidence in support of a public liability claim and their injuries. This includes providing details relating to the incident, such as times, dates, addresses, witness information. Photographs and video evidence is often useful in a public liability claim, especially contemporaneous photographs of the injuries suffered, such as cuts and bruises.
The types of categories of evidence that are relevant to a public liability claim are:
If successful in establishing a breach of duty by the organisation or person in charge of the space (liability), a plaintiff can achieve compensation under a public liability claim for:
In Queensland, the Limitation of Actions Act 1974 provides that the time limit to commence a public liability proceeding is three (3) years from the date of the incident.
In Queensland, a right of action relating to personal injury resulting from a dust-related condition is not subject to a limitation period under an Act or law or rule of law. There is also no limitation period for actions for child abuse.
If you miss the above deadlines, you may still be entitled to file a claim and receive compensation, however, you will likely need to apply to the court for an extension and will need to provide a reasonable excuse for the delay.
Emily Wright and our team are specialist personal injury lawyers who can assist you with your claim on a ‘No Win No Fee’ basis. If you would like advice in relation to a personal injury claim, please reach out to Emily Wright and Littles Lawyers today.