Public and Occupiers Liability
Public and occupiers liability is an area of law that covers a wide range of accidents that may have occurred due to another person's negligence or failure to take reasonable care.
Public and occupiers liability law is a complex area as it becomes necessary for the negligent party and the company or organisation to be judged under separate laws as those responsible for the incident occurring. To succeed in a claim you usually need to be able to prove that the perpetrator was acting in the course of their employment or that there was negligence, and that the employer knew or should have known of the misconduct. As an example a hotel could be responsible for the conduct of a bouncer, or a school responsible for a teacher.
"Slip and fall" claims under public and occupier liability
Most often the claims made are because of a slip, trip or fall as these can happen anywhere at anytime and this is why this area of law is also referred to as a "slip and fall" claim.
The difference between public and occupier liability
The difference between public liability and occupier liability is the location in which the accident occurred. If the incident occurred in a public place then it falls under public liability, but if it was on someone's premises (such as a shop or restaurant) it is considered occupiers liability.
Examples of public / occupiers liabilty accidents
Examples of accidents that may be covered under public and occupiers liability are:
- Slips and falls
- Accidents that occur at school, college or university
- Sporting or domestic
- Aviation accidents
- Food poisoning
- Animal attacks
- Product liability or defective products
- Physical/sexual assault
If you believe that you have a public and occupiers liability claim because you have suffered one of these incidents, then contact PK Simpson who are sympathetic to your case and can also advise you on what steps to take next.
Product liability is a subcategory of public and occupiers liability which focuses on awarding compensation if you have been injured by deficient/unsafe products. You do not have to be the person who purchased the product to be covered as by law the manufacturer owes you a duty of care.
What to do if you have been injured
If you have been injured because of an accident that occurred on public or owned property then you may be entitled to claim compensation. Your first priority is to report the accident to the authorities and subsequently get medical attention immediately. If possible you should also alert your health care provider of the circumstances. Your next step should be to contact an experienced lawyer who can advise you and on what you should do in order to make a claim.
What you need if you are making a public/ occupiers liability claim
To make a public and occupiers liability claim you should collect evidence such as:
- Photographs and diagrams of the accident location
- All documentation between the person or organisation that is involved
- All documented, photographed or x-rayed evidence of your injury
- Your medicare information and any private insurance details
- Contact details for all parties involved (this includes yourself, witnesses, defendants and insurance companies)
Any information that relates to your injury may become useful as your claim progresses, so make sure that you keep all records and information that relates to your injury or accident. Contact PK Simpson for more advice on what you should do in order to make a claim, and get the best result possible.
Compensation you may be entitled to
Although the amount of public and occupiers liability compensation is different from state to state the severity of the injury that you have suffered is used as a basis on which the level of compensation is based.
You may be entitled to:
- Lump sum compensation for pain and suffering (this can be up to $427,000)
- Medical expenses for the treatment you received
- Loss of wages and superannuation payments
- Future care that you may require
- Miscellaneous expenses (such as home modifications, and wheelchairs)
For more information on public or occupiers liability visit our Public or Occupiers Liability FAQ
or contact PK Simpson lawyers today.