If you have sustained an injury in a public place as a result of a slip, trip or fall or other injury you may be entitled to make a claim under public liability law.

Our compensation law specialists frequently assist clients to recover compensation for injuries that occur in Queensland and injuries resulting from assaults, recreational or sporting accidents and other injuries occurring in public.

Injuries that have incurred in public other than a workplace accident or motor vehicle accident (the fault of another driver) could be considered under a claim for public liability.

We know that your finances can be one of your major concerns, particularly if you are not able to work due to your injury. Our lawyers operate on a No Win / No Fee and low-cost basis, which means you don’t have to pay our legal fees unless we win your claim at the end.

What do we mean by low costs? Most law firms abide by the government set cap on professional fees of 50% of a settlement. But not us. We charge only on the government set Federal Court Scale and also set a much lower cap of one third of the settlement. That means our clients get the lion’s share of their settlement, like they deserve.

You could be entitled to compensation if you’ve been injured in Queensland, and it was someone else’s fault.

Public liability claim types in Queensland  

Public liability claims in Queensland cover a range of circumstances. The list below outlines the most common types of claims but does not cover all possibilities:  

  • Food poisoning
  • Physical and sexual assaults
  • Injuries in parks, leisure centres or other public places  
  • Injuries in rental premises  
  • Injuries in private buildings  
  • Injuries caused by animals  
  • Injuries in schoolyards
  • Injuries in amusement venues
  • Recreational and sporting injuries
  • Aviation and boating injuries 

Timeframe

It’s important to act quickly.  As a general rule, the Personal Injuries Proceedings Act sets a time limit of 9 months to give a notice of intention to make a claim. Beyond this time a claim can still be made but a reasonable explanation for the delay must also be provided. There is normally a 3 year time limit to finalise a claim or take steps to protect the limitation period, so it’s important to act quickly. Early advice from a genuine expert in the field  can help to get you the best possible outcome.

FAQs

What is a public liability claim?

Injuries suffered in a variety of incidents can fall under this type of claim, including:

  • Slips, trips and falls;
  • Shopping centre accidents;
  • Assaults;
  • Sporting, boating and other recreational accidents;
  • Dog attacks, horse riding accidents and other injuries involving animals;
  • Other injuries suffered in the public domain where another party (or occupier) was negligent and “at fault”;
  • Where you were injured at a workplace but the fault was not that of a co-worker or your employer.

Do I have a viable claim?

In order to succeed in a public liability claim, you need to prove that your injuries were suffered as a result of the negligent actions of another party or occupier and that they failed to discharge their “duty of care” to you.

The Travis Schultz & Partners team personally offer a complimentary initial consultation to discuss these matters, advise you on your rights and answer any questions that you have. As well as there being no fee, there is absolutely no obligation to proceed after this consultation.

What can I claim for?

You may be entitled to recover damages for your pain and suffering, past and future loss of income and superannuation, past and future medical, rehabilitation and other “out of pocket” expenses. You can even claim for the cost of paid care and home assistance and if the necessary conditions are met,  the value of the voluntary assistance provided by friends and family.

How much compensation am I entitled to?

Every case is different and can only be accurately assessed once all medical and other evidence is to hand. Travis Schultz & Partners are experts in this field and getting the most for every client is our passion. At Travis Schultz & Partners we will use our experience, diligence and expertise to  make sure that you claim everything that you are entitled to.

Will I need to go to court?

The vast majority of claims are resolved prior to a trial, and often settle at (or closely following) a settlement conference or mediation. Having a specialist legal professional that is highly experienced in claims of this type only helps to increase the chances that an early resolution will be achieved.

How long will it take to settle my claim?

While each case is unique, there are four main factors that can influence the time taken to assess and progress your claim. These include the extent and complexity of your injury, the number of parties involved, the compiling of evidence that is relevant to your claim and the technical aspects which are part of legal proceedings. Having an experienced specialist that is capable of efficiently identifying the key required and relevant information, ensures optimum timeliness in progressing your claim.

Will a public liability insurer pay my legal costs?

Under the legislation, the insurer may be required to make a contribution towards your legal costs at the successful conclusion of your claim. The amount of any contribution (if any) will depend upon the amount your matter is ultimately resolved for.

Will the public liability insurer pay my medical bills?

A public liability insurer is not obliged to reimburse any expenses or pay for any medical treatment or rehabilitation during the course of the claim. These expenses are however  included in the claims so that they are recovered at the successful conclusion of the claim as part of the settlement sum.

More information about Travis Schultz & Partners

Travis Schultz & Partners have specialist No Win / No Fee lawyers who will help you understand your rights and pursue a claim on your behalf.

The below links contain further information about us.

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Meet the team

Causes we support

Lawyers Travis Schultz and Michael Callow are accredited specialists in personal injury law, each with more than 25 years’ experience. Together with the Travis Schultz & Partners team, they service clients across Queensland with offices on the Sunshine Coast, Brisbane and the Gold Coast. Contact us today for a free case review.

Personal Injury Accredited Specialist