Accidents in Public Places
If you are in Queensland, you may be eligible to make a public liability claim if you have sustained a personal injury where someone else was at fault and the time limitations for commencing a claim have not expired.
The legislation governing public liability claims include:
- Personal Injuries Proceedings Act 2002 (Qld) (“PIPA”);
- Personal Injuries Proceedings Regulation 2002 (Qld);
- Civil Liability Act 2003 (Qld); and
- Civil Liability Regulation 2014 (Qld).
It is important to note that injuries occurring in the course of your employment and injuries resulting from a motor vehicle accident are generally not covered under public liability and may require a separate type of claim for compensation governed by different and distinct legislation. If your injury falls into one of these categories, please seek specific legal advice on how you should proceed.
Claims made under the public liability scheme might include sustaining an injury from slipping on a wet supermarket floor, tripping over an uneven footpath, being assaulted by someone else, tripping over a lose wire while attending an event, a dog bite and so on.
In a claim for personal injury under the public liability scheme, there are two main issues that need to be determined, those being liability and quantum (how much the claim is worth monetarily speaking). Liability is the determination of whether the respondent owed you a duty of care, and if they did, whether they failed to meet the standard of care expected of them in relation to that particular duty.
This issue of liability is typically a complex one, and first requires a determination of who exactly it was that owed the duty of care, and to what extent. To see whether your personal injury is covered by the public liability scheme, it is best to consult with a lawyer.
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