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 and fault.

“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.

Common cases we deal in are slip and falls at shopping centers, restaurants, pubs, clubs, cafes, on the footpath, in schools and other public buildings and places and private homes or rental properties, as well as accidents on ferries and party boats. We are able to determine if a duty of care existed so it is best to talk to a lawyer. You really have nothing to lose and everything to gain.

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 liability 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
• Recreational
• Sporting or domestic
• Aviation accidents
• Food poisoning
• Animal attacks
• Physical/sexual assault
• Shopping center accidents
• Accidents in restaurants and cafes

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

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 we will collect evidence such as:

• Photographs and diagrams of the accident location
• All documentation between the person or organisation that is involved
• Contact details for all parties involved (this includes yourself, witnesses, defendants andinsurance 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. Our occupiers’ and public liability lawyers will ensure the following.

You may be entitled to:

• Damages for pain and suffering (this can be up to $427,000)
• Past and future medical expenses
• Past and future loss of wages and superannuation payments
• Past and future care that you may require
• Miscellaneous expenses (such as home modifications, and wheelchairs)

Time Limitations

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.

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