Public Liability & Faulty Products - Queensland | Brisbane
If you were hurt somewhere other than at work or in a motor
vehicle accident, you may have a public liability claim.
Occupiers and public liability law covers a wide variety of
circumstances in which people may suffer personal injury or death.
These include:
- playground accidents
- schoolyard incidents
- injuries sustained in sporting activities where the oval, arena
or court has fallen into disrepair or is poorly maintained
- slips and falls in supermarkets or other retail outlets
- dog attacks
- falls on public or private property
- residential accidents, and
- labour-hire accidents on the premises of the host
employer.
If you have been injured by a defective product you may also be
entitled to claim compensation. Examples of defective products
causing injury include gym equipment, electrical items and
children's toys.
Why choose Maurice Blackburn?
Maurice Blackburn has represented the victims of negligent
conduct for 90 years.
In recent times, significant changes have been made to occupiers
and public liability laws so that proving negligence has become
more difficult where people are injured as a result of an 'obvious
risk'. In addition, the federal and most state governments have now
introduced limits and thresholds on what can be claimed for pain
and suffering.
It is therefore very important you seek the assistance of
experienced lawyers with a thorough understanding of this
complicated area of law.
What can I claim
for?
Compensation may cover:
- medical costs (including future costs)
- lost income
- pain, suffering and loss of enjoyment of life, and
- home help and attendant care.
Who can I claim
from?
Anyone who causes injury can be forced to pay compensation.
Sometimes, they may even be liable for the actions of others, while
the site is under their control. For example, a provider of public
transport could be held liable for injuries caused by a drunken
passenger to another passenger.
The occupier has a duty of care to people who they can
reasonably foresee will come on to the property. It does not matter
if the property is privately or publicly owned.
Property includes sporting fields, parks, gardens and
footpaths.
What do I do if I
think I have a claim?
If you think you have a claim you should:
- seek medical treatment immediately and tell your doctor how you
were injured
- keep records and receipts of all medical expenses and the dates
of all medical consultations
- keep records and receipts of any wages you have lost as a
result of your injury
- take photos of your injuries, where possible
- take photos of where you were injured, where applicable,
and
- keep the product that caused your injury.
Do not return the product to the manufacturer as it represents
significant evidence.
Seek expert advice from Maurice Blackburn as soon as possible,
as strict time limits apply for the bringing of a claim.
If the claim form is lodged more than nine months after the date
of the injury, a reasonable excuse for the delay in lodging the
claim will be needed.
Can I
make a product liability claim?
If you were injured by a faulty or unsafe product, you can make
a claim provided you can show that:
- the manufacturer or producer owed you a duty of care
- this duty was breached, by establishing that the manufacturer
failed to do something it should have or did something it should
not have, and
- this failure caused you to suffer an injury, which will need to
be supported by medical evidence.
You may also be entitled to a claim under the Trade
Practices Act.