In Australia, public liability law covers situations in which an injury occurs in a public place or on property owned by a business or a local council, due to a failure to meet a duty of care.
A person who is injured in a public space or on privately owned property could then be eligible to seek compensation by making a public liability claim.
You may be eligible to claim compensation when someone else’s negligence has caused you to suffer an injury and related financial loss. That’s when our compensation lawyers can explain your rights and entitlements under Australian public liability laws.
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We all owe a Duty of Care to take reasonable steps to protect others from harm. If you have been injured because of a failure of Duty of Care (someone else was negligent, and the incident was reasonably foreseeable), you may have a public liability claim.
In this case, our personal injury lawyers can assist. Contact the friendly and experienced legal team at Splatt Lawyers for immediate support now – Call 1800 700 125 or email us
Expert lawyers can explain the legal process and your rights.
What are the obligations under the duty of care, and what is “reasonable care and skill”?
To establish negligence, the injured person must demonstrate three specific criteria. These are causality, breach, and duty of care. If a claimant proves all three elements, we move to the final stage, financial damages.
According to the damaged party, a duty of care between the injured and negligent parties must first be established. In law, you have a duty of care to exercise reasonable care.
However, a duty is not always present. Even when it exists, the extent of the duty is dependent on the nature of the relationships between the parties.
After the injured party has proven that a duty of care was owed, they must show that the defendant breached that duty. The plaintiff must show that:
Causation is the third component of negligence that the plaintiff must establish. The plaintiff must demonstrate that their negligence caused the harm or damage.
A plaintiff will be entitled to compensation for their damage or the harm inflicted if they can adequately establish a duty of care, breach, and causation. Damages are the last component of a negligence claim and apply to economic and non-economic harm.
A violation of a duty of care has occurred when:
Common causes of injury in public liability claims include wet floors, uneven surfaces, and poorly maintained public spaces such as footpaths and car parks. Here are the top six in further detail.
By law, a property owner must take reasonable care of and maintain the property to be free of danger. However, a landlord does not need to guarantee that a property is always totally safe.
Transport providers have a responsibility to ensure the safety of their customers. So, no matter the mode of transportation you choose, plane, ship, bus, or train—all travel service providers are responsible for your safety.
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Various interactions between persons and businesses, landlords, local councils and body corporates can create a duty of care. For example:
Common public liability claims include slips, trips, and falls, dog bites, injuries in rental properties, and accidents at events or venues. Some other examples include:
If you believe you have been harmed due to another person or party’s full or partial negligence, you could make a personal injury claim. If this is your situation, it would be wise to seek legal advice to understand your options.
Splatt Lawyers’ public liability legal team know the legal duty of care obligations of property owners and operators. It’s free to know your legal right to pursue common law damages.
We provide a free, comprehensive case evaluation to explain your rights and entitlements. Call 1800 700 125
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Everyone (to varying degrees) has a duty of care to protect others in many situations, such as at work, while driving, in public spaces, at school and in playgrounds, while engaging in recreational activities, and more.
This requirement means taking reasonable steps to protect yourself and others from harm.
The legal definition of Duty of Care relates to the responsibility not to cause harm or injury to another person that a reasonable person could have foreseen.
Medical professionals owe you a duty to ensure you receive good health care; however, they do not have the same responsibility when it comes to other areas of your life, like caring for your finances.
When a person owes someone a duty of care and neglects it, causing harm or damage, the injured person can file a damages claim against them.
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