What are the different types of public liability claims that lawyers help with?

The term public liability is complex and at times, misleading to the untrained ear. Public liability may sound like it concerns being in a public place, however, that is only half of the definition. Public liability can be claimed due to the negligence of others – it does not always have to occur in a public space. 

Public liability covers incidents in public places such as falling in a park as well as incidents that do not occur in a public space such as an injury inside of an aeroplane. Public liability can also cover incidents that occur on someone’s property or in their home, such as with a dog attack.

With such a wide scope, it’s no wonder that many people are confused about what constitutes a public liability claim. To clarify some of the confusion you may have about the definition of public liability and the scope it covers, we’ll explore the different types of public liability claims that can be filed.

Common types of public liability claims in Sydney

Business premises liability

From malls to grocery stores, all business owners owe their visitors a duty of care, that if breached, can be considered negligence. Injuries at business premises usually include slips, trips and falls that are often because of spillage or some type of unattended object that obstructed the visitor. While anyone can sustain an injury from a slip, trip or fall, elderly people are particularly vulnerable to this. This results in larger and more severe public liability claims.

Rental property claims

If you rent and due to the landlord’s negligence, you injure yourself, then you can file a public liability claim. The landlord has a duty of care to you, the tenant and once this is breached and you sustain an injury, you have a case. In most cases, the landlord will have public liability insurance as part of their building and contents cover. 

Faulty product issues

Manufacturers of products have a duty of care to whoever uses their product, whether it be a toy, food product, tool or body product. This means that if during the manufacturing process, the product became faulty, which then resulted in harm to the end-user, there was a breach of care. This breach of care will then result in a public liability claim. While some products can cause issues as simple as food poisoning, others can potentially cause death (in the case of electrical items and furniture).

Public places

This is the most well-known and obvious type of public liability claim. However, what is surprising under this type of public liability claim is the width of its scope. If you were injured directly as a result of a breach in the duty of care of the landlord, owner or Government for the following spaces, then you can file a public liability claim:

• Concert
• Park
• Sporting event
• Common area in a building
• Amusement park
• School’s yard 

The above locations do not include every location that can be subject to a public liability claim. If you have sustained an injury because of a breach of duty of care but you are unsure of whether or not you are able to file for a public liability claim, then contact Prominent Lawyers. 

How do you prove a public liability claim?

The evidence of a public liability claim is extremely important. This is because your lawyer will have to prove that:

• The person or company at fault owed you a duty of care
• The person or company breached that duty of care
• You were injured as a result of this breach

Every lawyer at Prominent Lawyers is professionally qualified and experienced. Our team understands the trauma and burden that an injury can cause. They will calmly answer any questions and concerns you may have and offer you the best legal advice and guidance for your situation. Our lawyers are here to support you and get you the help you need.