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Read MoreIn Victoria, public liability claims are governed under the Wrongs Act 1958.
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 Victoria, 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 Victoria, the Limitation of Actions Act 1958 provides that the time limit to commence a public liability proceeding is three (3) years from the date of the incident. Children and people with a disability have a time limit of six (6) years from the date of injury to commence public liability proceedings. Only in special circumstances can a plaintiff bring a claim after this deadline.
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.
We know that when you make a disability insurance claim like income protection, total and permanent disablement (TPD) or critical...
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