If you are in Queensland, you may be eligible to make a public liability claim when you have sustained a personal injury in the State of Queensland, the injury was someone else’s fault and the time limitations for commencing a claim have not expired.
The relevant legislation…
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, injuries resulting from a motor vehicle accident and injuries resulting from medical negligence 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.
Types of claims made under the Public Liability scheme…
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. To see whether your personal injury is covered by the public liability scheme, it is best to consult with a lawyer.
Liability and quantum
In a claim for personal injury, 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. For example, the State of Queensland may be responsible for assaults carried out by police officers, the owner of a building may be responsible if you trip over lose wires inside their building, the owner of a dog may be responsible if their dog bites you. However, who is responsible can change dramatically based on the circumstances of your injury.
If you are interested in lodging a public liability personal injury claim, it is always best to seek the advice of a lawyer. Contact our offices for your free consultation with one of our personal injury lawyers on (07) 3252 0011 or through our general enquiries page.
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