If you’ve been injured in a public place in Queensland, for example a fall in a shopping centre, on a footpath, or an accident on private property, you may be entitled to compensation through a public liability claim.
These claims are fault-based, meaning you must prove that someone owed you a duty of care, breached that duty, and caused your injury as a result. Unfortunately, many individuals unknowingly make mistakes that can jeopardise their claims.
To make things a little easier, we’ve put together some common mistakes to watch out for when making a public liability claim.
- Failing to Report the Incident Promptly
For evidentiary and proof purposes, it is always helpful for there to be a contemporaneous record of the event which has resulted in the injury. When incidents occur in a public place, it is therefore important to report the incident and injury to the property owner and complete an Incident Report Form where available.
- Not Seeking Medical Attention Immediately
It is an important part of the claim to be able to link that a claimed injury has resulted from the event being complained about. Where there is a delay in seeking medical attention, proving that causal link can be made more difficult. Seeking medical attention immediately after the event, in many cases, establishes that undeniable link between the injury and the event being complained of.
- Not Gathering Sufficient Evidence
The first step in establishing legal fault for an incident is to establish the exact mechanism of the injury. For instance, where someone has slipped and fallen on a substance in a shopping centre, it is important to gather evidence whether that be photographic or otherwise of the substance on the floor so that it may be determined where the source of that substance has come from. Where there is a defect in a pathway etc, it is important for photographic evidence to be obtained of the defect prior to any repairs being made. Many cases are made much more difficult to prove liability, where such evidence is not gathered at any early stage.
- Accepting a Quick Settlement Offer
It is important to note that it is commonly the case where offers of resolution are made by property owners that they require the person to sign a Release and Discharge before making any payment. The purpose of that Release and Discharge is to ensure that any settlement is in “full and final satisfaction” of the person’s claim rights. If a person accepts an offer and signs such a Discharge without having a full and complete appraisal of their injury and the future consequences of it, as well as without having obtained legal advice, their rights may be “signed away” for far too little in compensation.
- Missing Legal Deadlines
In Queensland, there are strict time periods within which steps must be undertaken to protect a claimant’s rights. In a public liability claim, pursuant to the provisions of the Personal Injuries Proceedings Act 2002, a Part 1 Notice of Claim must be served upon the person at fault of the accident within the earlier of the following periods:
- 9 months from the date of injury;
- 1 month from obtaining a Solicitor.
If these time periods are not met, a reasonable excuse for delay must be provided when serving the Part 1 Notice of Claim.
In Queensland, there is a standard limitation period which applies to all personal injury claims in Queensland. That limitation period is a period of three years from the date of which an injury occurs. You must have commenced Court proceedings within 3 years of the date of the injury or your rights to pursue the claim may be extinguished and lost altogether.
- Not Consulting a Personal Injury Lawyer Early
For all of the reasons above, it is important to obtain legal advice at an early stage. There are many missteps which can be undertaken that will both impact a person’s right to claim but also negatively affect the result that may be achieved. Seeking advice at an early stage from a suitably qualified Solicitor will enable such pitfalls to be avoided.
At Crew Legal, we understand the impact injuries can have on your life, whether physical, emotional, or financial. With decades of experience and a clear understanding of the requirements under Queensland law, our team of Kippa Ring personal injury lawyers are here to help you achieve the outcome you deserve.
If you’ve been injured in a public place, please don’t hesitate to contact a member of our Crew. We provide a first consultation completely free and with no obligation. If the claim is undertaken, we will proceed with such personal injury claims on a ‘No Win/No Fee’ basis.
