Possessing a duty of care depicts a legal responsibility to safeguard the wellbeing of others, including taking reasonable care not to generate foreseeable harm to a person or their property. A duty of care can exist amongst a number of relationships
What started out as an investigation into whether a Medical Panel determination in a Public Liability Claim was invalid by way of jurisdictional error, proceeded to and continues to disrupt the Personal Injury sphere across Victoria.
In Victoria, whether you are permanently injured in a public space, at work or in a transport accident, your injuries will be assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition (‘the AMA Guides’). The AMA Guides allow for a determination as to percentage of whole person impairment (‘WPI’) that can be attributed to injuries of the injured person. The WPI impacts the compensation entitlements one may be entitled to under the Wrongs Act 1958 (VIC), the Transport Accident Act 1986, and the Workplace Injury Rehabilitation Compensation Act 2013.
In accordance with the Wrongs Act 1958 (Vic) (‘the Wrongs Act’), if a person injured in a public place wishes to initiate a claim for pain and suffering, they must first establish that they have a significant injury. In the first instance, the injured party would be assessed by an independent accredited medicolegal doctor who would assess their level of impairment. If their level of impairment meets the relevant threshold level to establish a significant injury, then they will provide the injured individual with a Certificate of Assessment (‘the certificate’).
Zaparas Lawyers successfully assisted an injured retail worker to obtain damages following an assault by a suspected shoplifter.
In 2017 near the end of the workday, our client, a Retail Sales Assistant working by herself, was assisting a customer in a clothing shop when a Shopping Centre Security Guard indicated that a person who had just entered her shop was acting suspiciously and had put something in her stomach region. Our client finished serving the customer and tidied some racks when the suspicious character removed an item of clothing that she had hidden in her own clothes, threw them on the ground and as she went to leave the store she grabbed our client, forcefully pushing her to the ground.
If you suffer an unexpected accident in a public place or on a private property it is important for potential claimants to understand how to establish negligence and pursue a public liability claim. This blog will provide an easy-to-read step-by-step guide …
Claiming public liability compensation for injuries sustained after a slip in your local supermarket is now wide open. Last year the ACT Supreme Court in Buljat v Coles Supermarkets Australia Pty Ltd [2022] ACTSC 47 ruled against a customer who sustained …
Pool owners have a duty of care to minimise foreseeable risks of injury. If an injury arises due to someone elses negligence, the pool owner can be held accountable and you may be entitled to make a public liability claim.
A public liability claim arises when a person has been injured in a public place or on a private property due to someone else’s fault. Examples of public places and private property include: Entitlements under Public Liability comprise of pain and suffering …
Despite a 20-year ban on the importation and use of asbestos, it’s still slipping past our borders in products. We remind you of your rights around product liability and Australian Consumer Law.
You may have heard of Australian Consumer Law being used to get a replacement if your TV or washing machine are faulty, but did you know the same laws provide compensation if you’re injured due to a faulty product?
