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Public Liability and Product Liability Claims

What is a public liability claim?

If you have suffered an injury (in circumstances other than a motor vehicle accident and some workplace accidents) due to the fault of someone else or a business, you may have a public liability claim.

The range of cases which might lead to a claim include:

  • slip and fall cases or other accidents in supermarkets and shopping centres
  • slip and fall cases or other accidents on private or public property
  • dog attack cases or injury arising from other animals
  • incidents involving children at school, playgrounds and other locations
  • work accidents in which third parties were partially or fully at fault
  • sport accidents.

It is important to note that public liability law is not restricted to personal injury cases. The law also applies in cases where loss, other than injury has occurred, for example, the loss of crops due to spray drift due to agricultural spraying, and damage resulting from fires caused by faulty equipment.

The range of cases where a public liability claim may exist is extensive and legal advice should be sought on your individual circumstances.

What is a product liability claim?

If you have suffered injury or other loss (including pure financial loss) as a result of a defective product, you may have a product liability claim.

As with public liability claims, the range of circumstances that might found a claim is wide. For example, the claims might arise out of defective children’s toys, sporting equipment or household equipment.

Again, the area of law is not restricted to personal injury claims. A business might have a claim for losses arising out of computer failure.

Who is the claim made against?

The claim is made against the public or product liability insurer of the individual or business. House insurers usually respond to claims against individuals for animal attacks and injuries on their property.

What can you claim?

Depending upon your level of injury and disability, you may be able to claim:

  • pain and suffering
  • past medical expenses
  • past wage loss
  • future medical expenses
  • future wage loss
  • home help and personal care.

If you have suffered more serious injuries or disabilities, other types of compensation might be claimable.

How do I make a claim?

In cases involving personal injury, you can make a claim by sending a Notice of Claim to the party you believe to be at fault. This has to be done within 9 months of the injury or accident occurring. It is important the Notice of Claim be accurately completed, especially in relation to the circumstances giving rise to the injury. We recommend that you seek the assistance of a solicitor. We can assist you with this.

How long will it take to resolve my claim?

How long it will take to resolve your claim depends upon the significance of your injuries and how long they take to resolve or stabilise. Resolution of a claim may also be delayed if there is a dispute about who was at fault for the accident.

Most cases can be resolved within 18 months but more complex cases will take longer to complete.

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How can we assist?

The area of public liability and product liability claims requires expertise and experience. Hayes Gabriel Lawyers are experienced in the field and can assist you with your claim.

We provide services on a no-win no-fee, first consultation free basis, and can visit you at home or at hospital if you are not well enough to visit our offices.

Advertising restrictions in Queensland prevent us from providing more detailed information about our experience and success in this area unless you are a genuine client or making an enquiry. If you would like more information, please contact us on 07 5474 0830 or alternatively contact us via email through the contact form.

If you would like to arrange an appointment, please contact Hayes Gabriel on 07 5474 0830.

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