Posted on 16 Jan 2023
Water safety and public liability: know the dangers, know your rights
Head of National Public Liability
Australians seem to have water sports in their blood. Whether it’s swimming, surfing, sailing, canoeing, or diving, many of our most popular past-times involve water.
We’re blessed with stunning beaches, natural treasures from our inland lakes, creeks, streams, and rivers, and warm summer climates.
While these water-based activities revolve around having fun - sadly, there are high risks involved.
The reality is water presents many dangers to Australian lives. Most people are also poorly informed of their rights and entitlements if an accident does happen.
Australia’s favourite past-time comes with a warning label
The Royal Life Saving Society of Australia (RLSSA) reported 281 drowning deaths in Australian waterways in 2022-23.
According to the RLSSA, Rivers and creeks as well beaches were the leading location for drowning with both being at 27% (27%), followed by ocean/harbour locations (12%).
Those who survive a water injury or drowning incident often suffer from an array of lifelong health impacts and in some cases have been lead to a premature death.
Do your research to stay safe in the water this summer
Whether you’re a strong swimmer or a beginner it’s important to be aware of the dangers of the water, no matter your ability we all need to be careful when we cool down this summer.
The RLSSA website has some useful water safety information with more links for your state or territory.
Unfortunately, there are times when no amount of water safety can protect us from harm around water.
Many Australians find themselves facing the loss of a loved one or a serious injury through no fault of their own.
Water accidents are usually catastrophic and life-altering
If the person survives drowning, they can potentially suffer some degree of paralysis or brain damage.
At public pools, accidents can occur involving people diving into shallow water where depths don’t have appropriate clear signage.
At lakes or water holes, people are injured or killed when they dive without being sure of depth or submerged rocks.
These injuries leave people in huge financial predicaments in terms of medical and lifestyle treatments, which can include occupational therapy and changes to the home to accommodate a disability.
If you can show that your water injury occurred in a situation where someone else didn't take the right amount of care and precaution, and your injury is of sufficient seriousness, you may be able to claim compensation. Learn more about your rights for public liability claims.
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What should I do if I’ve been injured?
- Seek medical attention right away and call 000 in an emergency.
- Once removed from immediate danger begin documenting your injuries and the reason for your injury (i.e. lack of signage, faulty jetty’s).
- Seek professional legal advice on your next steps.
We can help you today
We have over 85+ years of experience, our team will be able to support and guide you throughout your potential claim journey. We’ll focus on your case, whilst you can focus on recovering from your injury.
You can choose the lawyer that is right for you, with flexible appointment options readily available.
The potential entitlements you may have with a water injury public liability claim include:
Compensation for pain and suffering, which comprises compensation for loss of enjoyment of life caused by physical injury, psychological injury or both.
Past loss of earnings.
Loss of future earnings, or loss of earnings if your capacity to work is affected.
Past and future medical and related treatment and care expenses.
The past and future costs associated with the care you have been provided by loved ones on a voluntary basis (i.e., if a family member gives up their time to provide care and assistance to you while you are incapacitated).
Past and future damages for the loss of capacity to provide voluntary care to dependents (i.e., if your injury prevents you from caring for someone who depends on you).
Understand the strict timeframes for making a claim
It’s important to remember to act quickly as timeframes do apply to making a claim.
Adults whose mental capacity has not been affected by their injury have three years from the date of the accident to pursue a claim, while children and adults who lack capacity, have six years.
We recommend getting help from an experienced team as soon as the injury happens.
What we do to help you get the best outcome possible
- We determine the viability of your potential claim - by viewing the scene, investigating liability and potential compensation.
- We go out and visit our clients in hospital.
- We are geographically located all over Melbourne and Victoria so as to help you easily access a Public Liability lawyer.
- We keep the injured person and their family involved with close communication so that all the right people feel included throughout the process.
Peace of mind can start in just 3 minutes through our Free Online Claim Check.
You can start your free claim check now, you’ll be able to see if you have a potential claim and book your obligation free initial appointment.
Slater and Gordon are proud to provide our clients with access to leading, affordable legal services, including our No Win, No Fee* offer, and free counselling support if needed via our social work services.
If you have a question, want some more information, or would just like to speak to someone, make an enquiry now and our Public Liability team will be in touch with you as soon as possible.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.