Public Liability Claims
Antony Mastrogiannis and AM Legal Compensation Lawyers have had years of success in public liability claims or public place accidents. Public liability is an area that covers a wide range of accidents that can occur due to another person’s negligence or failure to take reasonable care. Antony’s experience includes successful claims against occupiers, councils and other defendants. We expertly assemble facts and evidence and vigorously pursue and process public liability claims.
The difference between public liability claims and occupier liability claims.
Public and occupiers liability is a complex area of tort law that covers a range of accidents that may have occurred due to another person’s negligence or failure to take reasonable care. The difference between public liability claims and occupier liability claims is the location in which the accident occurred.
Public liability refers to compensation claims for injuries that arise in a public place, due to another’s negligence. A common example is an injury caused in a public place from tripping over an obstacle on a footpath, road or pedestrian access owned by an authority. Such a claim may be a public liability claim.
Occupiers’ liability refers to compensation claims for injuries that arise in an occupied premise. Common examples are shoppers who are injured in grocery stores like Coles or Woolworth’s.
Public liability is part of the law of tort which focuses on civil wrongs. An applicant (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages. Claims are usually successful when it can be shown that the owner/occupier was responsible for an injury, therefore they breached their duty of care.
The duty of care is very complex, but in basic terms, it is the standard by which one would expect to be treated whilst one is in the care of another.
Once a breach of a duty of care has been established, an action brought in a common law court would most likely be successful. Based on the injuries and the losses of the applicant the court would award a financial compensation package. For more information click here: Public liability – Wikipedia