Injuries caused to a person while using a public space fall under the purview of public liability compensation. It simply means that the owner of the public space, a private entity, an individual, or the government is liable to compensate the injured party for the damage and injuries caused due to the accident. Only visitors or contractual workers to the accident site are eligible for claims under the public liability insurance; employees and workers cannot claim compensation under this law as they have other insurance coverages.
What are the different forms of public liability cases?
- When using a certain business product, product liability causes harm to the user, or the product arrived in a damaged state or was wrongly delivered.
- Tenant insurance where a building owner is responsible when a tenant gets hurt.
- General insurance where a business owner is responsible if a visitor or a general public member is injured while using the premises.
- Contractors liability where the contractor is liable at a construction or maintenance site for third-party injuries.
- Defective workmanship covers manufacturing-related defects that cause injuries to members of the public.
- Professional indemnity results from erroneous advice or treatment and is an insurance type that protects professionals from injuries and damages.
Types of public liability claims
There are two types of claims:
- Small value claims are most commonly seen. Examples of such claims include potholes on the streets or getting hurt at construction sites.
- Large value claims are not so common, for example, injuries caused by the use of a defective product, etc.
When should you go ahead with filing for public liability compensation?
If you have been hurt in an accident in a public space and it was not your fault, you can claim public liability compensation from the other party. If the responsible party is insured, their insurer pays for the claim, and if not, then the individual or the entity is directly responsible for paying the claim amount. However, you need to prove beyond any doubt to the insurance company and the court of law that you have suffered injuries and losses due to the property owner’s negligence. If you are involved and hurt in an accident on the road, the law states that you do not need to prove negligence.
Hiring public liability lawyer
The legal framework under which you can claim public liability compensation is tidbit complicated. Some impediments can arise with different legal statutes, and different states and territories could have different requirements. The claim limits can differ, the facts to prove the claim required may differ, and so on. Ideally, you should appoint a proficient lawyer with a specialization in public liability cases.
The lawyer will work methodically to collect all evidence, witnesses, testimonies, and police records to proceed with the claim. The good part is expert law firms offer free first consultation. Remember, proving that the damages suffered by you are directly caused by accident and that the reason behind the accident was negligence can be very challenging. With an expert by your side, things can smooth, with the lawyers taking care of all the legal hassles.