Public Liability CU - Paul Alvaro Lawyers

Eligibility for compensation

To be eligible for compensation the injured party must prove negligence. That is, it must be proved that another party was at fault in causing the injury. In the case of a dog bite, for example, negligence may be shown if the dog’s owner inadvertently left a gate open, enabling the dog to access public places and attack members of the public. In a supermarket where an injured party may have slipped on a dropped grape or lettuce leaf, it would be necessary to show that the supermarket failed to have in place a regular system of cleaning to prevent such incidents.

Provided the physical or psychological injury sustained by you in the accident or incident was caused by the negligence (or fault) of another party, and the injury significantly impaired your ability to lead a normal life for a period of at least 7 days after the incident and/or you have incurred medical expenses at the prescribed amount you may be entitled to claim compensation.

Factors limiting claims and reducing compensation

Various factors may limit or exclude your claim for damages, the most common being:

the fact that you were partly at fault for the incident which caused injury;
your intoxication by way of drugs or alcohol;
the fact that certain parties, such as road authorities or other government bodies, may be exempted by legislation from liability for certain actions or a failure to act;
where the risk of injury is deemed obvious and you failed to take reasonable steps to avoid it.

We can explain how these issues may apply to your particular circumstances when discussing your claim.

Making a public liability claim

If we are of the view that you have a claim, on your instructions, we will notify the offending party or their insurance company on your behalf. Thereafter, we will gather medical evidence in relation to your injuries. If there is a dispute by the offending party or their insurer regarding liability, we will investigate the circumstances of the incident which resulted in your injuries. Finally, we will enter into negotiations with a view to finalising your claim as soon as possible.

Time limits for making a public liability claim

If you are over 18 years, you have 3 years from the date of the incident to lodge and settle a claim with the insurer. If the claim fails to settle, court proceedings must be filed before the 3 year anniversary of the incident. This is known as the “statute barred date”.

If you are late in filing proceedings you will not be able to claim compensation without making an application to the court which may, in certain circumstances, grant an extension of time.

If you are under 18 years at the time of the incident, you have 3 years from the date of your 18th birthday to issue court proceedings. However, at any time after the incident your parent or guardian can instruct solicitors to bring a claim for compensation on your behalf. It is not always necessary to wait until you are 18 years. Much depends on the nature and long term consequences of your injuries.

Assessing compensation

Compensation is assessed with reference to the evidence supporting your claim. Therefore, in the initial stages of a claim, time is taken to collect the evidence required.

We will obtain a report from the general practitioner who treated you for your injuries and, depending on the nature of the injuries, we may need to obtain specialist reports. Copies of all medical reports obtained are forwarded to the offending party or their insurer, which is also entitled to arrange for you to attend independent medical examinations to obtain further medical reports. Your general practitioner and medical specialists will provide opinions on the nature of your injuries, whether your condition has stabilised and is capable of final assessment, and whether you have been left with permanent disabilities which may affect your work and/or domestic capacity. It is not advisable to settle the claim when the full consequences of your injuries are not yet known.

If you have sustained financial loss we will need to obtain copies of your taxation documents, pay advices, sick certificates and other information from your employer to assist in progressing your claim.

Timeframe for settling a claim

This depends on how long it takes for your injuries to stabilise to the point where it is possible to assess the loss flowing from them, and any residual impairments. Only when your injuries have stabilised is it possible to assess your future medical treatment needs, any future domestic services which may be required and future economic loss from a reduced earning capacity. If your injuries are not serious then it is reasonable to expect that your claim would resolve within 12-24 months.

If liability is in issue the finalisation of your claim may be further delayed. Liability becomes an issue when the offending party or their insurer does not accept responsibility for the incident which caused your injuries. In such a situation we will investigate the circumstances of the incident by inspecting the scene, interviewing witnesses, and if required, obtaining a report from an appropriate expert. The insurer may undertake similar investigations.

How much will my claim cost?

Upon the successful conclusion of your claim the offending party or their insurer will pay a contribution towards your legal costs. However, there will be a gap between your actual legal costs and the contribution paid.