You may be entitled to receive compensation for injuries suffered as a result of unsafe premises through a Public Liability claim. Some examples may include an injury in your rental premises, a trip on a footpath or a slip in a shopping centre. A personal injury compensation claim for an injury where negligence is involved is called a common law claim.
To access compensation in Public Liability claims, common law claims are required. There are no statutory benefits in these types of personal injury claims.
How can I succeed in a Public Liability claim?
To succeed in a Public Liability claim, you must demonstrate:
- the premises was unsafe due to the negligence of the owner or occupier; and
- this caused you to suffer an injury; and
- you have suffered an injury or loss of the required standard.
What damages can I claim?
Compensation, or damages, can be claimed for economic loss, pain and suffering damages and gratuitous care.
Gratuitous care includes care and domestic assistance given to you by family members and friends at no cost to you.
Economic loss includes items such as medical expenses, loss of earnings and other financial losses incurred as a result of your injuries.
Pain and suffering damages are intended to compensate for the pain and suffering you have endured or may continue to endure in the future. You can only claim compensation for pain and suffering if your injury is considered to be a “significant injury”.
What is a significant injury?
A “significant injury” at law is either:
- a spinal injury that is assessed at 5% or more whole person impairment
- a physical injury other than a spinal injury that is assessed at greater than 5% whole person impairment; or
- a psychological injury that is assessed at 10% or more whole person impairment.
To determine whether your injury qualifies as a “significant injury” at law, a specialist doctor will assess your injury using guidelines which rate different injuries according to the level of ongoing permanent impairment suffered.
If you do not meet the required threshold, you will not be able to bring a common law claim for pain and suffering damages.
How long does a Common Law Claim take?
If you are making a common law claim that includes damages for pain and suffering, your claim can only be started after your injury is stabilised. We then need to gather all medical records and reports, and this can take up to 6 months.
From this time, the duration varies dependent on factors including whether the Defendant disputes your significant injury, the complexity of the case, and whether the case settles prior to litigation. As a rough guide, from the date of your significant injury assessment, common law claims can take between 6 - 24 months.
Would I have to go to Court?
Many of the cases Redlich’s assist with are resolved through negotiated settlements. However, even if your significant injury is accepted, a Public Liability claim will fail if you cannot prove another’s negligence contributed to your injury. As such, if the Defendant maintains there was no negligence, your case may ultimately proceed to a trial in Court. Redlich's Public Liability lawyers will advise you fully on your case and any risks involved prior to starting any court case.
How long do I have to make a Common Law claim?
As an adult, a common law claim must be commenced within 3 years from the date you discover your injury arose through the fault of another. Injuries that arise over time, such as psychiatric injuries, should ideally be commenced within 3 years of the onset of symptoms. However, you should seek advice well before the 3 years expires, as preparing a case takes some time.
Important High Court case for slips and falls in supermarkets
In the High Court case of Strong v Woolworth Limited, a woman’s crutch slipped on a chip, and she sustained a spinal injury. The High Court found that Woolworths failed to regularly clean and inspect the area that the woman fell and had ultimately caused her injury.
The Court noted that reasonable care requires inspection and removal of slipping hazards at intervals not greater than 20 minutes. This decision demonstrates the importance of regular cleaning and inspections of shopping centres and supermarkets. As such, in cases of slips and falls, it will be very important to have evidence such as CCTV or witnesses to determine whether the store or centre failed to exercise reasonable care.
This periodic cleaning requirement recognised in Strong was an argument in the case of Buljat v Coles Supermarkets Australia Pty Ltd where a customer slipped on a grape sustaining significant injuries. The customer alleged there was inadequate cleaning by Coles which caused her injuries. The customer was initially unsuccessful with the Judge finding that the ‘Clean As You Go’ system utilised by Coles was adequate in identifying risks.
The matter was overturned at the Supreme Court of Appeal finding that the ‘Clean As You Go’ system relied on all staff members to watch for spills while performing their other duties. In the area in question, no specific staff member was assigned to monitor for spills. As such, the Court found that a reasonable person in the position of Coles, given the known risk of frequently dropped grapes, would have implemented additional measures beyond the "clean as you go" system.
In the case of Buljat, the Court noted a reasonable system would have incorporated inspections at hourly intervals or more often, and it is probable that this approach would have prevented harm from occurring.
If you have had a fall in a shopping centre, or had an injury in another public place, please call and speak directly to a member of our legal team on (03) 9321 9988 or submit an online enquiry. We provide free, no-obligation initial advice, and offer a 'No Win, No Fee' service.
