Public Liability

How can we help?

There are a number of injuries that fall under Public Liability – so if you’ve suffered an injury from walking on a badly paved path or from defective products/services, you may be eligible to make a personal injury claim.

Injuries, especially ones that force you to take time off work, can significantly impact your life. So if you’re in this situation, we highly recommend speaking to a Public Liability lawyer to help get the compensation you deserve.

woman researching on a laptop about public liability lawyers

Public Liability insurance protects businesses if a customer or member of the public gets injured or causes accidental damage to the property. Public Product Liability can also sometimes fall under Public Liability insurance.

Business owners and government authorities have a duty of care to take reasonable steps to ensure the safety of members of the public; so if this has been breached, you may be eligible to make a claim.

  • Dog or animal attacks (learn more: dog bite personal injury)
  • Slips and falls in supermarkets, shopping centres, retail centres and on footpaths
  • Injuries from defective products and services (ie – food poisoning, faulty electronics)
  • Physical assaults
  • Injuries caused by unsafe premises i.e. walkways, stairs, balconies
  • Accidents at schools or in parks or playgrounds
  • Accidents at private residences

Is it a legal requirement to have Public Liability insurance in NSW?

While there is no legal requirement for Public Liability insurance in NSW, it is still a very important form of insurance. In fact, it is mandatory to have Public Liability Insurance in certain industries – such as trade and/or construction as well as cleaners. No matter what sort of business you operate, it is a good idea to get public liability insurance. This also applies to anybody working as a subcontractor in NSW as in most cases, you would not be covered by the insurance of the company hiring you.

What does a Public Liability insurance cover in NSW?

While every Public Liability insurance cover differs, here are some common inclusions:

  • Property damage due to negligence or faulty workmanship
  • Personal injury to another person due to negligence

If you’re unsure about what your Public Liability insurance covers, speak to a Public Liability lawyer at Owen Hodge.

How do I find out if someone has liability insurance?

You will need to contact the business and request a certificate of insurance. A Public Liability lawyer can also organise this for you.

Business and property owners have a duty of care over anybody who moves through their premises. Individuals are therefore able to make a public liability claim when they suffer an injury as the result of improper care taken by the business owners, government authorities or by another person.

The process of claiming for Public Liability can be complicated and can differ greatly between different matters. A consultation with a Public Liability lawyer will help you to ensure you have covered all the essential steps and have all the required documentation.

The following steps are examples of requirement during the claim process:

  • Step 1: Demonstrate the extent of the damage caused to you
  • Step 2: Prove that the injuries are a result of the incident
  • Step 3: Prove negligence of the business or property owner
  • Step 4: Finally, it is important that you prove that the accident was not your fault

Learn more: personal injury claim time limits

Entitlements to compensation

The compensation you could receive from your Public Liability claim ultimately depends on your case, and you should talk about it with your Public Liability attorney, however you could claim for:

  • Medical expenses
  • Nursing and at-home care expenses
  • Loss of current and future earnings
  • Compensation for pain and suffering

Public Liability vs worker’s compensation vs motor vehicle accidents

Public Liability only covers claims made by members of the public, not your internal employees. If an employee sustains an injury in the workplace, this falls under worker’s compensation. If you’re in this situation, you should speak to a worker’s compensation lawyer.

Learn more: 

In the case of motor vehicle accidents (such as accidents involving a car, truck or pedestrian), this falls under motor vehicle compensation.

Learn more: 

How an Owen Hodge Public Liability lawyer can help

Making a Public Liability compensation claim can be complicated, but it doesn’t have to be with the expert personal injury lawyers at Owen Hodge.

We’re here to help you every step of the way and answer any questions about Public Liability law. For a consultation and legal advice about your Public Liability case, contact us on 1800 770 780.

Talk to a Public Liability lawyer

Sustained an injury and want to make a Public Liability compensation claim? Owen Hodge is here to help.

Get in touch now

Public Liability Lawyers

Rolf Howard

Managing Partner, Commercial Litigation Lawyer