Public Liability (Victoria)

Public liability law addresses the responsibilities of individuals and organisations to ensure safe public environments. If you've suffered an injury in a public space - such as a slip and fall in a store, harm caused by unsafe conditions at an event, or an accident in a park - you may have grounds for a public liability claim.

If you suffer an injury which is caused by someone else's negligence or fault, you may be entitled to damages. The circumstances where you can claim compensation for this type of injury include:

• Accidents in public places including shopping centres and other retail outlets

• Footpath accidents (subject to some significant exclusionary provisions)

• School accidents

• Playground accidents

• Food poisoning

• Ballooning accidents

• Product failure

• Accidents on private property (on someone else's premises)

• Chemical exposure

• Physical or sexual assault suffered while at an institution

These claims are usually only worth pursuing if the negligent party is insured

In some cases, an individual may be relying on an institution – such as a prison, hospital or immigration detention centre - to ensure their safety and protection from other harmful individuals. Even if you are harmed intentionally by another individual, you may have grounds for a public liability claim against the institution.

These situations often arise from negligence, meaning that the responsible party failed to take reasonable steps to prevent harm. This could involve inadequate maintenance, poor lighting or signage, or failure to adhere to safety regulations and policies. When injuries occur due to the fault of another, affected individuals may be entitled to compensation for medical expenses, lost wages and other damages.

Damages can include payments for:

• Pain and suffering (subject to reaching the relevant impairment threshold).

• Loss of earnings for time that you’ve missed work due to your injury. You may also be eligible to make a claim for future loss of earnings depending on the severity of the injury.

• Medical and like expenses.

• Gratuitous Services. This kind of compensation helps to cover the work and effort that friends and family provide to you in looking after you post injury. For example, a family member might have to spend several hours a week completing domestic chores in your home while you recover, which is work they would not ordinarily be paid for.

The claim is usually commenced by serving a letter of demand on the alleged liable party. Claims are often settled out of court. If you have suffered an injury which you believe has been caused through someone else's fault, you should seek expert legal advice.

In our experience, public liability matters are more likely to be successful where there is sufficient evidence to suggest that the alleged liable party acted negligently. Angela Sdrinis Legal encourages individuals to retain photographs, videos, medical reports and like documents which evidence your injury and the circumstances in which it occurred. Angela Sdrinis Legal is experienced in investigating public liability claims and requesting material and documentation from various Government and private entities.

It is important that you seek legal advice as soon as possible if you believe your injury was caused due to the fault or negligence of another party. A common law public liability claim must be commenced within three years of the discoverability of your cause of action. This is usually three years after the date of injury itself. Otherwise, your rights may be forever lost.