*The contents in this blog relates to legislation in New South Wales.
Public liability claims in New South Wales are governed by the provisions of the Civil Liability Act 2002 (NSW) and case law. A common public liability claim is when an individual slips, trips and/or falls in a public space, or quite simply any space that is not their own home.
To be successful in such a claim, it must be proven that the defendant was negligent and that negligence caused your injury.
Assuming that negligence can be proven, you could expect to receive compensation for the following:
- “Pain and suffering” – Section 16 of The Civil Liability Act states that your injuries must be at least 15% of a most extreme case (eg. a quadriplegic) to be entitled to compensation for pain and suffering.
- Economic Loss – If you are injured and have been off work as a result of the injury, you are entitled to make a claim for past loss of wages and potential future loss of earning capacity.
- Medical expenses – Most injured people have to undergo considerable treatment for their injuries which is often paid for out of their own pocket. You are entitled to be reimbursed for past medical expenses that you have incurred. If you require further medical treatment in the future, a claim can also be made for this.
- Personal Care & Domestic Assistance – In many cases following an injury, individuals will rely on others to provide you with personal care and domestic assistance. If you satisfy certain thresholds, you will be able to make a claim for any assistance in the past and future.
Please remember that all public liability claims have time limits so it is important to seek legal advice as soon as possible. If you have sustained an injury please feel free to contact Turner Freeman Lawyers for an obligation free discussion about your potential claim.