Published 18 Jan 2019
Practice Area: Slip & Fall / Public Liability Claims
If you’ve been injured because of public liability or neglect, it’s important to understand the steps you must take to make a claim in Queensland. The Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003 set forth the following guidelines for making a public liability claim.
Firstly, remember that your claim for damages has to be started within three years of the event that injured you. Although this time limit may sometimes be extended under special circumstances, don’t delay if possible. Consider contacting an attorney right away to start the claim process.
Courts may consider reasonable excuses for a delay, including circumstances surrounding the nature of the injury.
Steps to making a claim
If you decide to make a claim for damages, you must first notify the respondent of your intentions. The respondent is the person you think is responsible for your injury.
This is the ‘Part 1 Notice’ requirement, which consists of details of the event, the medical treatment you received, existing conditions or injuries, and the circumstances of fault or neglect surrounding the incident that caused the injury. Included with this notice should be a medical certificate or applicable scene diagrams.
The ‘Part 2 Notice’ is what you’ll send the respondent after he or she has either responded to your first notice or accepted it. If the respondent rejects the first notice, he or she must provide you with information identifying the appropriate respondent.
A compulsory conference will then take place between you to try to work out the claim without having to take the case to court. If the conference doesn’t resolve things, a final offer is made to settle before proceedings begin.
Court proceedings have to start within 60 days of the compulsory conference. Determinations will be made by the court whether the injured party was owed duty of care from the defendant, whether that duty of care was breached and whether the injury directly resulted from the defendant’s failure to meet that responsibility, among other considerations that establish liability.
Damages will then be assessed and appropriate compensation determined.
What injuries cannot be considered for a public liability claim?
Public liability claims in Queensland do not include:
- Workers compensation injuries.
- Motor vehicle accident injuries.
- Injuries criminal offence victims suffered.
- Dust-related injuries.
- Injuries from tobacco use.
If you have suffered a personal injury in Queensland, get in touch with us at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for a free consultation.