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01. Report the accident
To help strengthen your personal injury claim, you should:
- Report the accident to the staff immediately responsible or the owner at the time
- Make a note of your accident in the accident book if possible
- Take names and addresses of witnesses to the accident
- Take photographs of the area where the accident happened
02. Contact Firths
There are strict time limits in place to make a public liability claim, so it is important that you contact Firths as soon as possible after the incident so that we can start investigating whether you have a claim worth fighting for.
To make a public liability personal injury claim you need to have commenced the legal process within three years of the injury taking place, there are only very limited exceptions to this limit so contact us now for a free claim assessment.
What is a public liability claim?
Business owners, landlords and other organisations are under an obligation to exercise care for your safety while you're on their property. They need to take reasonable precautions so their properties are properly maintained; their employees are adequately trained, and they have the processes in place to provide for your safety.
If you suffer an accident or injury due to someone else's negligence, then a public liability claim may be able to be made against them. In NSW, public liability claims are made according to the Civil Liability Act.
Types of public liability claims
Some examples of public liability claims are:
- Slip and fall claims at shopping centres
- Trip and fall claims on footpaths
- Claim for injuries caused by defective products
- Sporting accidents
- Accidents at school either in the class room or in the playground
- Injuries at home caused by defects in rented premises
Proof of negligence
You can only successfully in a public liability claim if you can prove that the other party was negligent. The mere fact that the school or the council or the shopping centre has public liability insurance does not of itself mean that you will receive compensation. You still have to prove that they are liable which basically means that they failed to exercise reasonable care for your safety.
The Civil Liability Act explained
In NSW public liability claims are governed by the Civil Liability Act which has made it much more difficult for injured people to claim. This is particularly the case where the claim is relatively small – by that we mean less than $100,000 in value.
In such cases the amount that we can recover from the opposition for costs even if successful is very limited and this has a big impact on the viability of such claims.