For over 35 years our lawyers have been winning cases for the people of NSW. Contact us now for expert advice in negligence claims.
Public and occupiers liability law is a complex area as it becomes necessary for the injured party to succeed in a claim you usually need to be able to prove there was negligence. As an example a school can be responsible for the negligence of a teacher which leads to the injury of a student.
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 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 accidents that may be covered under public and occupiers liability are:
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.
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.
To make a public and occupiers liability claim you should collect evidence such as:
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.
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:
For public and occupiers liability claims, you have 3 years to lodge a claim from the date of your accident. It is vital that you contact a solicitor at PK Simpson as soon as possible. Any claim brought after 3 years, you will need the court's permission to proceed.
To view our frequently asked questions for public/occupiers liability, please click the link below.
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