Published 08 Aug 2017
Practice Area: Slip & Fall / Public Liability Claims
You could be forgiven for thinking that pursuing a public liability claim for an accident at a private property seems contradictory. Many people assume that you can only seek damages under civil liability legislation if you’re injured in a public place, such as a car park or footpath.
This isn’t true. Occupiers’ liability means residents or tenants of private property must ensure that people entering the premises are prevented from exposure to foreseeable harm. Where risks exist, occupiers are expected to take measures to mitigate the chance of an accident.
Supermarkets, hotels and restaurants all count as private properties, but what about inside someone’s home? Do public liability laws still protect you when visiting a friend, for example, and fall down their steps after slipping on a wet floor?
Pursuing private residence claims
The short answer to the above question is yes. You can still make a claim for injuries suffered while at a private residence, but as with any public liability case, you must show negligence was a factor.
It is also important to remember that if you hurt yourself at a friend or family member’s home, they will not be personally liable if they have the right insurance in place. This means you won’t be receiving compensation directly from their pocket, but instead from the insurer.
You may be hesitant to pursue a claim against a private residence owner, particularly anyone with whom you are close. However, a serious injury can cause life-changing outcomes and receiving damages for your economic and non-economic losses may be crucial for your financial future.
What are the next steps?
If you are unsure whether or not you would be successful in making a claim for an accident that occurred on a private residence, please contact an experienced personal injury lawyer.
A no-win, no-fee firm will tell you whether or not your case is worth pursuing, while also helping you gather the necessary evidence and documentation should you decide to proceed.
The benefit of a no-win, no-fee lawyer is they will pay all the upfront legal costs associated with a claim, including enlisting the services of experts to testify on your behalf.
At Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers, we do not get paid until a settlement goes in your favour -and the case costs you nothing if your claim is unsuccessful.
Would you like to know more? Please get in touch with us today.