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Public Liability Claims | Personal Injury     Print this page

If you have been injured in a public place or on private premises because of the fault or carelessness of another person, you may be entitled to compensation under the personal injury law known as public liability.

What is public liability?

Public liability law covers a wide range of personal injury circumstances where a person suffers injury or death as a result of another person's negligence or failure to take reasonable care. Each state and territory has its own laws that govern your right to compensation.

Examples of public liability / personal injury claims include:

  • Slips or falls
  • School accidents
  • Playground accidents
  • Amusement venue accidents
  • Recreational and sporting accidents
  • Domestic accidents
  • Aviation accidents
  • Food poisoning
  • Dog attacks
  • Physical assaults
  • Sexual assaults
  • Diving accidents
  • Product liability including defective products

What if my injuries come from a faulty product that I didn’t buy?

Product liability claims are a specific type of public liability claim and include claims for injuries suffered as a result of a faulty or poorly designed product – whether it was bought by you or someone else.

What does compensation cover?

Major changes to public liability laws throughout Australia mean that, in some states, an injured person cannot receive compensation for pain and suffering unless their injury is sufficiently serious.

The assessment process is complicated because, not only has the injury threshold for entitlement to compensation been widely introduced but, throughout Australia there are differing “thresholds” for claims. Slater & Gordon will provide you with details and indicate how your claim may be assessed.

The new laws had only a minor impact on an injured person’s right to bring a personal injury claim for loss of earnings or medical and related expenses.

If I believe I have a public liability claim, what should I do next?

It is important that you seek independent legal advice at the earliest opportunity after your injury to advise you about the assessment process for claims in your state and to make sure your interests are looked after.

This is where Slater & Gordon can help. Our public liability lawyers work exclusively in this area of personal injury litigation. We can advise you whether or not you are eligible to make a claim, guide you through the process used to assess your injuries and give you the best chance of securing the maximum possible benefits.

If you would like more information about how we can help you, please contact us either by email or by calling direct on 1800 555 777.

Making an additional claim

Superannuation and Total Permanent Disability (TPD) Claims

If you have superannuation and sustain an injury, you may be able to access a lump sum payment through your policy. Many people are unaware that their superannuation policy provides additional benefits. An experienced superannuation and insurance lawyer will assist you in identifying whether such benefits exist in your policy and submit an application on your behalf. If your application is rejected, your lawyer will advise you of the process for challenging the decision.

In addition, you may have a personal insurance policy, such as life insurance, income protection insurance, sickness and accident insurance, which may include provisions for compensation should you be injured in an accident. 

These benefits may be available in addition to other forms of compensation and benefits. You should seek legal advice from a Slater & Gordon lawyer in our superannuation and insurance department regarding your entitlement to claim compensation.

Please navigate to the following location for more information:
Home > Practice Areas > Superannuation & Insurance


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