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Public Liability Lawyers Melbourne

Injured through no fault of your own in public?

If you have been injured and if there was negligence on the part of someone else for your injury, you may be entitled to compensation.

What are Public Liability claims?

Public Liability claims cover a range of situations where a person has been injured due to the fault of someone else.

Individuals and businesses alike all have a duty to take care of the safety of others. In a public liability claim, you will need to prove that your injury suffered was caused by a breach in the duty of care owed to you.

Examples of successful public liability claims won by Zaparas Lawyers include:

  • Slips and trips in supermarkets, shopping centres, private businesses, aquatic centres, and sporting arenas
  • Injuries on council property, including footpaths, parks, and schoolyards
  • Injuries on private property, including rental properties
  • Dog attacks
  • Boat and watersport accidents
  • Sporting injuries
  • Bicycle incidents (not involving a motor vehicle)
  • Physical assaults

Time frame for making a Public Liability claim in Melbourne

  • You have three years from the date of your incident or injury, in which to make a common law claim.

This can be subject to limited exceptions, contact us immediately if you are approaching the three-year time limit or if this limitation period has expired.

Have you been injured in a public place?

Take our free claim check today to see if you’re eligible for compensation, or call us to talk to us today.

What entitlements are available through a Public Liability claim?

1. Medical and like expenses

  • Medical treatment and expenses that are related to your injuries including:
    • GP appointments
    • Hospital expenses
    • Rehabilitation expense including Physiotherapy and other allied health services
    • Psychological/Psychiatric therapy
    • Medication expenses
    • Personal and home help services
    • Occupational rehabilitation services
    • Radiology
    • Surgery
  • Travel expenses related to your injuries
  • Domestic and personal care assistance required as a result of your injuries

2. Lost Wages

If you are unable to work, or only able to perform modified duties/hours due to your injury, you can make a claim for:

  • Loss of income both past and future. This is in the addition to the above medical treatment and travel expenses.

3. Compensation for pain and suffering, as well as loss of enjoyment of life caused by physical injury, psychological injury, or both

In most cases, to bring a claim for pain and suffering in public liability matters, the Wrongs Act 1958 requires claimants to satisfy a threshold of either:

  • Greater than 5% whole person impairment for physical injuries (other than psychiatric injury or spinal injury); In the case of spinal injury, impairment of 5% or more; or
  • In the case of psychiatric injury, impairment of 10% or more.
  • It is important to seek advice to ensure that you are accessing all your entitlements. An obligation-free consultation with one of our Public Liability claim lawyers at Zaparas will help you identify your eligibility.

What to do if you’ve been injured in Public?

You should seek medical assistance and tell your doctor how you were injured

You should also where possible:

  • Report the incident to the relevant person who caused or contributed to the incident and
  • Take photographs of the incident location and of your injuries.

For more information on what to do after a slip or trip, check out our blog post on Trips and Slips in Public Liability Claims.

Who can be held Liable for a Public Accident?

The following are potential parties that can be held liable for a Public Accident:

  • Property Owners
  • Business Owners
  • Government Entities
  • Individuals

Why choose Zaparas Lawyers for Public Liability Claims?

Zaparas Lawyers understands that this can be quite a daunting process, we are happy to assist you in reporting the accident and are here every step of the way. Our dedicated Public Liability lawyers can guide you through the process and help make a claim for a benefit at the time you need it most. We have offices all over Melbourne with a dedicated team stationed at each location. You can find us in:

Every claim is important to us. Our dedicated team of Public Liability specialists will approach your claim with skill, knowledge, and care. Your file will be conducted by a lawyer who specialises and has experience in the area of public liability claims. We will be able to maximise the benefits you receive, giving you and your family peace of mind.

Still unsure whether your situation requires a lawyer? We’ve created an article detailing the primary 3 reasons why a lawyer can help you, with case studies to help you decide if this is right for you here.

Our unique combination of compassion and legal excellence has led to an extremely high success rate for our clients.

Contact us today for a free, no-obligation appointment.

Public liability law covers a range of situations where a person has been injured due to the negligence of someone else in private premises or in public places. Individuals and businesses alike all have a duty to take care of the safety of others. At Zaparas Lawyers, our team are expert public liability lawyers with extensive knowledge in this area of law

Who’s at Fault?

If you have suffered a personal injury, it could mean that anyone responsible for that public place has failed to fulfil their duty to protect you. Who exactly should be held to account for this will depend on where the accident occurred.

It is the responsibility of the company, governing body, or individual who owns (and/or manages) the public area to maintain it in such a way that it is suitable for use by the general public. Therefore, they are responsible for any accidents that occur on their premises.

Owners of property which is accessible to the general public should have adequate insurance coverage that can be used to compensate members of the public in the unfortunate event they sustain an injury whilst on the property due to negligence.

Our dedicated public liability solicitors in Melbourne are known experts in their field. We help everyday Australians who find themselves in unfortunate circumstances by ensuring they receive the proper care and compensation they deserve. Call us today on 1800 927 272 for a free, confidential chat with one of our experienced Melbourne public liability lawyers.

Making a public liability claim

In a public liability claim, you will need to prove that your injury suffered was “caused by a breach in the duty of care owed to you by the entity responsible for the area in which you were injured”. In simplified terms, the key elements a public liability lawyer has to prove for a successful public liability claim are:

  •  That the individual or organisation at fault owed you a duty of care;
  • That the individual or organisation breached that duty of care due to negligence;
  • As a result of their negligence, you were hurt and suffered a loss.

See the FAQ section below “What will I be entitled to?” on what sort of loss, as mentioned above, you can potentially claim under public liability.
Get in touch with our expert public liability solicitors who will guide you through your claim to ensure you know about your rights and entitlements – call us today on 1800 927 272.

Have you suffered an injury from an accident which was not your fault?

If you have incurred personal injury due to an accident or incident that wasn’t your fault, you may be able to seek compensation for your injuries through a public liability claim.

Public liability law covers a range of situations where a person has been injured due to the negligence of someone else, whether on private premises or within a public place. Individuals and businesses alike have a duty to take care of the safety of others.

At Zaparas Lawyers, our team are expert public liability lawyers with extensive knowledge in this area of law. Public liability cases are subject to strict time limits, it’s best to speak with a public liability lawyer without delay. To understand how much your public liability claim may be worth, call us 1800 927 272 and one of our team of friendly public liability experts will be happy to help.

Public liability insurance covers businesses that occupy the property (and in some instances may also include private residences). If you are injured due to the negligence of someone else in a public place, or in someone else’s property, you may be able to claim lump-sum compensation. Some examples of injuries incurred in public places include:

  • Injuries on a footpath, in a park or other public areas (e.g. slips, trips and falls);
  • Recreational and sporting injuries (e.g. jet-ski and diving accidents);
  • Injuries in rental premises (e.g. landlord/tenant);
  • Boating or Aviation injuries;
  • Injuries in commercial, retail or private buildings (e.g. shopping centres, parking lots, night clubs or bars);
  • Injuries caused by animals (e.g. dog attacks, equestrian accidents);
  • Back injuries as a result of a fall in public;
  • Schoolyard injuries (physical, emotional and/or psychological);
  • Amusement park injuries; and
  • Injuries on public transport (e.g. buses, trams, and trains).

Personal injury can arise due to falling or misplaced objects, exposure to dangerous/hazardous material, potholes and inadequate maintenance. Injuries can include slips, trips and falls, neck injuries, back injuries, muscle injuries, food poisoning, sexual and physical assaults or psychological injuries. Please note that this is not an exhaustive list of instances where you can claim for public liability compensation.

For more information on whether your injury is eligible for compensation, call us for an obligation and cost-free consultation today on 1800 927 272 or fill in our online enquiry form to request a call back at a time which works best for you.



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FAQs

What are some examples of public liability claims?
Examples of successful public liability claims won by Zaparas Lawyers include slips and trips in supermarkets, shopping centres, private businesses, aquatic centres and sporting arenas. Even injuries at private residences, public places, school yards and parks could result in a successful claim.
What do I need to do to make a claim? I’ve slipped/tripped/fell and now I’m injured. What can I do?
To support your claim and strengthen your chances of success: •    Report the incident immediately as it happens to either the owner or the staff member present •    Make sure your incident is recorded within an on-site incident report •    Request for the contact details of any witnesses to the incident •    Photograph the area where the incident occurred Your dedicated Zaparas public liability lawyer will need to clearly prove that the injury was not your fault in order to submit a successful claim for public liability compensation. Zaparas Lawyers can assist you in gathering the required evidence to make your claim stronger. Call us today on 1800 927 272 for a personal consultation with a public liability solicitor to find out if you are eligible for a public liability claim.
What will I be entitled to? What can I claim compensation for?
Your entitlement to compensation depends on the severity of your injury, and whether it occurred as a result of the fault of another person or entity in a publicly accessible place. You may be entitled to compensation for your pain and suffering depending on the injuries you have sustained. The amount of compensation you are entitled to receive for your financial losses is intended to restore you to the financial position you would be in if the accident did not occur. You may be entitled to claim: General Damages / Non-Economic Loss – pain, suffering and loss of amenity The nature of the injury, the estimated recovery period and the rehabilitation required – and whether a further medical treatment or even lifelong care is needed – will be assessed accordingly. Special Damages/Financial losses resulting from the accident – to cover medical fees, loss of salary, and out-of-pocket expenses Costs for medical care (such as Physiotherapy), loss of income, hospital travel costs may be claimed as part of your expenses. Expenses for ongoing care, loss of future income, or home adaptations required as a result of the injury are additional expenses a person may claim.
How long does the claim process take?
You will only be compensated once your injury is considered permanent and stable, which is generally one year from when the injury occurred. After approximately one year from the date of your injury we will pay for you to be assessed by doctors who will make an assessment as to the permanency and stability of your injury. Depending on the severity of your injuries, you may also be able to make a claim for a lump sum payment for pain and suffering. You will also have to establish that your injury occurred due to the negligence of another entity. We will advise you as to whether or not negligence can be established in your case.
I’m not sure if I want to pursue a claim. Are there any limitations of time?
You have three (3) years from the date of injury to commence a proceeding in public liability. If you are not sure if you would like to pursue a claim, continue to attend your doctor and hospital appointments and re-evaluate your decision once you have received some treatment and have a better idea of your prognosis.
What is the cost of the first consultation? What are the legal fees?
Zaparas Lawyers operates on a ‘No Win, No Fee’ basis. This means we will pay for all costs and disbursements in relation to your claim. Put simply, there is no cost to you at all unless you are successful in your claim.
What should I bring to my appointment?
You should bring all relevant documentation you have such as medical reports, radiological investigations and any other documents that may be relevant. If you have photographs of the place where you were injured these are also beneficial. If possible, these photographs should be taken close to your date of injury, especially when an accident has occurred on a footpath or other public area as the area may be repaired by the time you attend our office for an appointment.
English is my second language. Can you still help me?
Our firm has a diverse and multicultural team comprising of lawyers and law clerks who speak different languages including: Greek, Cantonese, Mandarin, Serbian, Croation, Bosnian, Macedonian, Turkish and Singhalese. We also have a network of the very best interpreters who can attend interviews and appointments free of charge to our clients.
Will I have to go to court to claim compensation?
We will keep you fully informed at every stage of the case. Many public liability compensation matters are settled out-of-court – Zaparas Lawyers personal injury lawyers negotiate hard to get the best settlement for you. But if a court hearing is necessary, we instruct experienced barristers who specialise in personal injury cases, to make sure you have the best legal representation possible.
Public Liability Solicitors Melbourne
The Zaparas Lawyers team has handled a vast array of public liability claims, motor vehicle accident claims and workplace accident claims. Our team has the skills and experience you need to succeed in your case and ensure get the full compensation you deserve. Our experienced public liability lawyers have handled all kinds of injuries that have been sustained in a wide range of different accidents circumstances. Don’t delay, contact us today and we’ll connect you with a friendly and knowledgeable legal professional with extensive experience in cases just like yours.
I sustained an injury whilst volunteering, am I entitled to WorkCover?
WorkCover statutory benefits compensation is generally only available to workers. This means volunteers are not entitled to WorkCover compensation unless they are deemed a worker under an Act of Parliament. If you are a volunteer or someone who assists a government agency in accordance with one of the below Acts of Parliament and are injured whilst carrying out relevant duties then you will be entitled to statutory WorkCover compensation:
  • Country Fire Authority Act 1958 (casual fire fighters, including volunteer officers and members and volunteer auxiliary workers)
  • Education and Training Reform Act 2006 (volunteer school workers or volunteer student workers)
  • Emergency Management Act 1986 (volunteer emergency workers)
  • Juries Act 2000 (jurors)
  • Police Assistance Compensation Act 1968 (PAC Act) ( volunteers assisting police officers)
  • Victoria State Emergency Services Act 2005 (voluntary registered and probationary members of the Victoria SES)
Volunteers in prisons and offenders working or participating in a program under a Correctional Order are deemed workers employed by the Crown and thereby entitled to statutory WorkCover compensation.

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Team

Peter Zaparas
Partner
Specialities: WorkCover, TAC (Road Accident), Public Liability
Zoe Zaparas
Partner
Specialities: TAC (Road Accident), Public Liability
Stuart Macleod
Senior Associate
Specialities: WorkCover, CTP (Road Accident), Superannuation, Public Liability, Occupational Diseases ...
Dylan Walters
Associate
Specialities: Public Liability, WorkCover, TAC (Road Accident)
Georgio Skoumbri
Associate
Specialities: Public Liability

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