Public Liability / Occupier’s Liability Claim

What Am I Entitled To?

The Court can award compensation if you succeed in your claim against the Defendant.

They are:

  • a)       Compensation for past or future loss of earnings
  • b)       Compensation for gratuitous attendant care services
  • c)       Compensation for loss of capacity to provide domestic services
  • d)       Compensation for loss of superannuation entitlements
  • e)       Compensation for non-economic loss

The public interest requires that disputes be settled as quickly as possible.

Do I Have A Claim?

We act for plaintiffs who suffered injuries from slips, trips and falls in private and public places.

These types of cases can be difficult but when they are handled by our experienced solicitors who devote their time in prosecuting such claims, you can be assured of the best preparation in your case. We have the experience and resources to prepare your case and to achieve the maximum compensation for you.

Generally, you must commence proceedings in Court within 3 years from the time a cause of action is established against the prospective defendant. The rationale of the limitation period is elucidated by McHugh J in Brisbane Authority v Taylor (1996) 70 ALJR 866 at 871-2 where:

Determination of Liability

Having sustained injuries on a business' premises or public places does not automatically entitle you to claim compensation from the alleged tortfeasor (wrong-doer).

As set out in Section 5E of the Civil Liability Act 2002 (NSW) ("the Act"), the plaintiff always bears the onus of proving, on the balance of probabilities, any fact relevant to determine liability of the defendant.

You have the onus to prove the following:

Section 5S of the Act states that if a plaintiff is found to be partially negligent, compensation may be reduced partially or totally if the Court thinks it just and equitable to do so.

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Some Questions of FAQ’s