Public Liability Claims    

Public liability law covers a wide range of circumstances where a person suffers injury or death as a result of another person's negligence or failure to take reasonable care. However, ‘common law’ claims arising from sexual assaults have some important differences from negligence law in general, as the conduct complained of is intentional.

Where abuse or a sexual assault gives rise to a claim, the law is complex.  It becomes necessary to consider separately the law applying to the perpetrator of the assault as an individual, and the law applying to any entity which may also be liable for the assault.

Legal principles can be drawn from cases considered by the Courts, such as where a school may be liable for the conduct of a teacher, or a church for a priest/minister.  Broadly speaking, there is no automatic liability.  To succeed in such a claim it is usually necessary to show that the perpetrator was acting in the course of their employment, or that there was negligence in that the employer knew or ought to have known of the misconduct.

In a claim against an individual perpetrator, there are special exceptions to the operation of the civil liability legislation for intentional acts, sexual assault or sexual misconduct.  As a result, the damages restrictions referred to below may not apply and so the compensation amount may be more generous.  Aggravated and exemplary (punitive) damages may also be available.

However, the liability of the person or entity responsible for the perpetrator may still be limited by the civil liability legislation.

In addition to ‘common law’ claims, a claim may be possible under schemes for compensation of victims of crimes, and / or special schemes which are operated by some major churches and organisations.

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