Where it can be demonstrated that an individual, a company and/ or a public institution’s conduct has breached the duty of care and that breach has caused harm then it is likely that a claim in negligence can be made.
Personal injury claims, where the injury occurs in a public place or at a private property, occur in many diverse circumstances. The underlying principle is that it is appropriate to hold a third party responsible for an injured person’s injuries.
The law has evolved to create obligations on individuals, companies and/ or public institutions to take steps to prevent harm and safeguard the health of someone who might be hurt; this is commonly known as the duty of care.
For example:
- A dog owner should keep their dog on a lead in a public place so that the dog is controlled and cannot bite anyone;
- A supermarket should promptly attend to any spillages on the floor so that members of the public do not slip on and injure themselves;
- Landlords should ensure that rental properties are well maintained to avoid injury to their tenants;
- Home owners hosting guests at their home should ensure that the guests are not exposed to risks which could harm them. These can include: rugs that move and could trip a person, dangerous holes which are not covered, harmful substances stored in drink bottles, dangerous party games, faulty equipment, poorly maintained balconies and/ or the use of building materials which do not comply with building codes;
- Local councils should ensure that footpaths and property under that council’s control are properly maintained.
Where it can be demonstrated that an individual, a company and/ or a public institution’s conduct has breached the duty of care and that breach has caused harm then it is likely that a claim in negligence can be made.
Most individuals, companies and/ or public institutions hold insurances for public liability claims under their home or business insurance.
What can be claimed?
Where it is possible to prove that it is appropriate to hold an individual or a company responsible for an individual’s injuries or death, financial compensation can be claimed, where applicable, for the following:
For : pain and suffering, past and future treatment expenses, past and future wage losses, past and future domestic assistance together with legal costs and disbursements.
Time limits
Each state has its own rules in relation to time limits for personal injury claims. In NSW a claim should generally be brought within three years of the date of accident, otherwise it could be statute barred.
If your injury occurred more than three years ago, it is important that you seek prompt legal advice to find out whether a claim can still be brought.
Legal Costs
At Remedy Law Group we work on a no win no fees basis, which means that you will only be required to pay our legal costs if we achieve a successful outcome for you and our first consultation is always free.