What is public liability and how can MEJ help?

Maliganis Edwards Johnson partner James Treloar has over 20 years’ experience in public liability cases, and explains the main points he considers when looking at a case:

 

Public Liability Claims in the ACT

In the Australian Capital Territory (ACT), public liability claims are predominately governed by the Civil Law (Wrongs) Act 2002. This Act provides a framework for individuals seeking compensation for injuries caused by another’s negligence in public spaces, such as shopping centres or on public roads. Common incidents include slips, trips, falls, and other accidents caused by the negligence of the owner or occupier of the premises.

Key Provisions of the Wrongs Act

Negligence and Duty of Care:

The core preliminary issue for determination in a public liability claim is whether the defendant owed a duty of care to the injured person and, if so, whether that duty has been breached. The Act states that parties controlling public spaces must take reasonable steps to prevent foreseeable harm. A defendant is potentially liable only if their actions, or inactions, are deemed unreasonable, and the harm was foreseeable.

Standard of Care:

The Act sets the standard of care against what a reasonable person would do in similar circumstances. It is not a standard of perfection and the circumstances giving rise to the accident are not viewed retrospectively.  Courts consider factors such as the likelihood of harm, seriousness of injury, and the burden of precautions when assessing the reasonableness of the defendant’s actions.

Contributory Negligence:

If the injured party contributed to their injury, their compensation may be reduced by the percentage that is fair and reasonable.

Damages:

The Act allows compensation for medical expenses, lost income, pain and suffering, and other related costs, though there are caps for certain economic losses. Having proven the defendant breached its duty of care, the critical question shifts to determining causation: what injury, loss and damage was caused by the defendant’s negligence.

Time Limits:

The claim form used to commence a public liability claim must be lodged with the respondent within the earlier date of 4 months from engaging a lawyer, or 9 months from the date of the accident.  Court proceedings must be brought within three years from the injury date, or from when the injured person became aware of it (with exceptions for minors or those under legal disability).

Common Scenarios for Claims

Public liability claims in the ACT arise in situations such as:

• Slip and fall accidents: Often due to poor maintenance or hazards in public spaces.
• Sporting injuries: Caused by negligence in facility maintenance or event organisation.
• Government liability: Due to unsafe public spaces, like defective footpaths or unmarked construction sites.
• Dog attacks: When a dog owner fails to control their animal.

 

Maliganis Edwards Johnson: A Leader in Public Liability Claims

Maliganis Edwards Johnson is a leading ACT law firm specialising in public liability claims. With a strong track record, MEJ’s lawyers are experts in navigating complex claims, from slips and falls to those involving government negligence or unsafe conditions.

Client-Centred Approach

MEJ is committed to providing personalised legal services. We work closely with clients, offering clear advice and guiding them through the legal process with empathy and support.

Proven Success

MEJ’s success in securing compensation is backed by meticulous preparation and collaboration with experts, ensuring our clients’ cases are presented in the best possible way.

Trusted Reputation

As a well-established name in the ACT legal community, MEJ is known for professionalism, integrity, and a dedication to achieving the best outcomes for clients. Our experience and client-focused approach make us a leader in public liability claims.

 

Get in touch with the MEJ team today, without the stress of an immediate financial strain through our free claim check service.