It's Not Always A ‘Slippery Slope’ When It Comes To Public Liability Claims

Often a ‘public liability claim’ is thought of as a claim for injury based on the injured person slipping on something (such as a grape or liquid) and being injured after falling over, typically in a place such as a supermarket or a food Court. However, an injured person can make a claim for injury sustained on someone else’s property as a result of a myriad of different causes.  

The crux of a public liability claim is that the claimant was injured on land occupied by another person, where the occupier is responsible for the hazard or issue. Consequently, the location of the place where the injury occurred is very important, and typically injuries that can be sustained are linked to the type of issues that can arise at the particular location. There are no prescriptive criteria for the types of causes of injury or hazards that can form the basis of a claim.  

For example, in the past our lawyers have represented people with respect to claims in relation to:

• Dog attacks
• Intentional assaults, including murder/manslaughter;
• Burns sustained at a backyard party;
• Sporting injuries;
• Claims caused by vehicles not travelling on a road (such as golf carts, motor bikes, motor sport and boats); and
• Injuries sustained at school, including bullying.

There are no set categories in relation to these type of public liability claims. A claim may be viable in many other circumstances, and the below list provides just some of the other situations where a claim may arise:

• Injury in an aeroplane;
• Injury in a swimming pool;
• Injury caused by a domestic animal;
• Injury/illness in relation to undercooked food or food prepared in unhygienic circumstances;
• Injury in an events arena;
• Injury at a rental property.

Claims for injuries caused by tripping on a footpath are prohibited as against the local Council but can be pursued if someone else has left a hazard on the footpath.

If you have been injured in a place, other than the Council failing to maintain or repair a public footpath, then you may well be entitled to claim compensation. It is always worth the question, as you should not be out of pocket for injury and losses that were someone else’s fault.

If you wish to discuss making a personal injury compensation claim with one of our Adelaide Lawyers, contact the team at MKF Lawyers by telephone on 08 7093 2998, text message on 0482 075 591, email at info@mkflawyers.com.au or submit an online enquiry at www.mkflawyers.com.au/freeclaimcheck

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