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Home | Compensation Law | Public & Product Liability Claims

Public and Product Liability Compensation Claims

If you have sustained an injury from slipping, falling or tripping at a public or private property in Queensland, you may be entitled to claim compensation.

Also, if you have suffered injury from a defective product, or a product that has caused you to suffer an injury, you may be entitled to claim compensation.

We are experts in product and public liability law, with experience handling all injury and workers compensation claims including:

  • Spinal injury
  • Back injury
  • Head injury
  • Upper / Lower limb injury
  • Fractures
  • Soft Tissue Injuries
  • Respiratory Illness
  • Eye Injury
  • Shock, Anxiety & Depression

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Call 13 43 63 to speak with one of our compensation lawyers in Queensland. Our offices are in Brisbane, Logan, North Lakes, Ipswich, Toowoomba, Gold Coast, Sunshine Coast and Cairns.

FAQ

I have been injured from a slip and fall accident. Do I have a claim?

Probably.

Slip and fall injuries

There are very few situations that would exclude or deny a personal injury claim, however, legal fault or negligence needs to be proven or established to win the case. A proper and thorough investigation of the claim is required in order to determine if you have reasonable or strong prospects of success. We undertake our initial investigations on your behalf at no obligation or on a "No Win – No Fee" basis.

Does it matter if I was injured on private or public property?

No

Public or Private property

A successful personal injury claim can be made if you have been injured on private or public property. In most cases, the owner of the property (private or public) will have a policy of public liability insurance, professional indemnity insurance or some other relative business insurance for these types of accidents.

I have been injured due to a faulty or defective product. What can I do? What should I do?

Injuries sustained from a defective product

You may have a good claim subject to investigations being carried out which we would be happy to do for you at no obligation.

If you have been injured, you should seek medical advice and treatment immediately.

The faulty or defective item should not be used again. It should be secured as it may be required for testing or analysis by experts to help establish or win the case.

Seek legal advice early because strict time limits apply.

How can a lawyer help me with my claim?

Good product and public liability lawyers will focus on whether they can justify their involvement in the case so that you can be confident that the benefits of using a lawyer will outweigh or far outweigh the legal costs. This is our focus from day one to the end of your claim.

Are there any time limits for making a claim and what are they?

Strict time limits do apply. Please read the following time limits very carefully.

Lodging the initial claim forms to the insurer

Generally speaking, you have 9 months from the date of the accident or incident to have the claim form lodged with the insurer, or 1 month from when you instruct us to act on your behalf to pursue the personal injury claim (whichever is the earlier).

If you make the wise decision to seek early legal advice from us, we will take care of preparing the forms for you and make sure they are prepared correctly and lodged on time.

If you miss the time limit

If you miss the initial time limits, you can still make a claim and recover injury compensation, however, when the claim forms are submitted, you need to provide a reasonable excuse for delay. We can assist you with this.

The benefit of engaging product or public liability lawyers to look after you and your claim is that it immediately becomes the responsibility of your lawyer to take care of the time limits and to make sure the documents are lodged on time and are completed correctly.

Summary

Nine months from the date of the accident/incident or 1 month from when you instruct us to act on your behalf to pursue the claim (whichever is the earlier).

Commencement Court Proceedings

You only have three years from the date of injury to commence court proceedings. If you miss this time limit, your rights to pursue damages or proper injury compensation will be or is most likely to be lost forever.

The benefit of engaging a lawyer to look after you and your claim is that it immediately becomes the responsibility of your lawyer to take care of the time limits and to make sure the documents are lodged or filed on time.

Summary of court proceedings

Court proceedings must be commenced within 3 years of the date of the accident otherwise your rights will be lost forever.

What if I have suffered very minor injuries? What should I do? What can I do?

I suffered only minor injuries

If you have a very minor or trivial injury, which will largely or completely recover or heal, you may not or probably don't need to see a lawyer. However, your first consultation with us is free so we advise all our clients and potential clients to seek advice at the earliest possible time to remove any doubt or worry about your rights or where you stand.

If I go ahead with a claim, how long will it take and how much will it cost?

If we advise that you have reasonable prospects of success and that the claim is economically worthwhile to purse, we will send you a proper written advice and proposal. Our proposal will set out, in plain English, a realistic estimate of how long we believe your case will take to resolve and the likely cost.

Generally speaking, most product or public liability claims are resolved within 6 to 18 months from when the claim starts. If the case goes to trial (which is highly unlikely) this can add a further 6 to 12 months to the time estimate.

If your case has to go to court, it will cost more than if it settles at an early stage. The more work which is done results in higher fees; however, we always do whatever we can to keep costs as low as possible. All of this is explained in our written advice along with realistic and reliable fee estimates.

I have medical expenses and rehabilitation needs right now. What can I do?

Medical expenses and rehabilitation costs

Once your claim form has been submitted we can ask the respondent/defendant to pay your medical expenses or rehabilitation. If the respondent/defendant is insured, the insurer may agree to fund some medical expenses including rehabilitation, however, they are under no legal obligation to do so.

If you have private health insurance, you can claim on this during the course of your claim and we can seek to recover the amount for your private health insurer from the respondent/defendant.

If you do not have private health insurance, you can seek medical treatment and rehabilitation from your local doctor or allied health care provider (physiotherapist, psychologist, podiatrist etc) and your local public hospital and we can make a claim for any and all out of pocket expenses (if any) from the defendant/respondent as part of your claim.

Will my case go to court or will it settle?

Will my case go to court or will it settle?

In our experience over the past 60 years, very few cases end up in court. Only 1% to 2% of our cases proceed to trial or end up in a court room. This is a very small number, which is good for everyone, especially our clients.

Very few personal injury cases require court supervision and the vast majority of product or public liability claims are capable of early resolution. This is what we aim to achieve as it keeps the legal costs down and maximises your 'in hand' outcome.

Will Turner Freeman act for me on a No Win – No Fee basis and what does No Win – No Fee mean?

Our No Win No Fee policy

After we have investigated your claim at no obligation to you, we will make a decision about whether we would be prepared to act for you on a No Win – No Fee basis. At that time, we will provide you with a proper written advice regarding your prospects of success and whether we are prepared to act for you on a No Win – No Fee basis.

Click here to see the full terms of our "No Win – No Fee" basis.

Under our usual terms and conditions, No Win – No Fee simply means that we if take your case on, we will only be paid a reasonable fee for the legal work we have done for you at the end of the claim if you win.

In the highly unlikely event that your claim goes to trial, and in the even more unlikely event that your case goes all the way to trial and you lose, we will not seek to charge you anything for all of the work we have done for you.

However, in the highly unlikely event that your case goes to court and you lose, while you would not have to pay us anything, it is likely that the court would order you to pay the other side's legal costs, which could be a substantial sum.

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