Public Liability refers to an occupier's duty to ensure premises are reasonably safe for people who may enter on the property. An occupier is any person or other entity (and there may be several) which is in control of land, premises or a structure.
In accordance with the above definition, injuries arising out of slips, trips or falls, recreational and sporting pastimes and falls on public or private properties, can all result in claims against one of more occupiers of those premises.
Firstly, you will need to consider whether the occupier of the premises/property owed you a duty of care. In most cases this is generally a simple process as occupiers in many circumstances, particularly commercial enterprises, must ensure that their premises are reasonably safe for entrants.
Secondly, you will need to prove that the duty of care owed to you by the occupier has been breached. Investigations will need to be made in relation to any failure which resulted in the duty of care being breached. For example, it may include proving that a spill on which you slipped or other dangerous feature on the premises was present for an unreasonable length of time or that the occupier was aware or ought to have been aware of a defect in the premises.
Thirdly, you will need to prove that as a result of the failure to take reasonable care you suffered an injury. This will require medical evidence from your treating doctors and, in some cases, from independent specialists who will assess your injuries.
The amount of compensation you are entitled to can include the following:
Yes. You have 3 years from the date your cause of action was discoverable to commence proceedings. If proceedings are not commenced within the 3 year limitation period you will not be able to commence or maintain proceedings. If you are concerned that your claim may fall outside the 3 year limitation period, we strongly recommend that you obtain legal advice without delay.
At Marsdens we conduct these cases, on a no win/no pay basis in relation to payment of our professional costs. This means that you do not pay our legal fees for the time spent preparing your case until the conclusion of the matter and then only if your claim is successful.
In relation to expenses, which primarily relate to the cost of obtaining clinical notes and expert reports, Marsdens have a database of experienced medical and other experts who provide reports of high quality. We will discuss with you the likely cost of reports and if necessary make arrangements for payment if you are experiencing financial difficulty.
It is often in the best interests of all parties to negotiate with the view to settling the claim prior to the matter proceeding to Court.
In some matters it may be necessary to commence Court proceedings and proceed to Court if a reasonable settlement cannot be achieved. In the end, the aim is to maximize the compensation you receive and sometimes the best way to do that is to go to Court.
You can rest assured that you will be well prepared for your Court hearing with time spent with you reviewing and discussing your evidence including with our experienced barristers.
It is our experience that the claim process is much less stressful and more accessible if you have a solicitor managing it for you. The early collection of evidence and information is essential to the success of your claim. Sometimes it can be difficult to know how to get the right documents, what law is applicable and whether your claim is worthwhile pursuing.
Instructing a Marsdens solicitor means that you have an experienced professional who will look out for your best interests, consider your circumstances and assist you in the most efficient and beneficial way possible. We aim to provide a personal service with a demonstrated commitment to our clients.
"From the beginning of the case you showed me a genuine commitment together with compassion that followed through the course of the next 5 years. I can't and never will be able to show you my gratitude and appreciation. You were always available to not only myself but Nathan who I know contacted you several times. He also was genuinely touched by your compassion and commitment. This alone shows your dedication to your career and the people you represent. I am more content now the matter has been resolved and no longer question myself about the "IF's"!!!
Once again, MANY THANKS."
"Even though my parents couldn't speak English very well our solicitor took time to explain the situation so we could all understand the lawful requirements and where we stood at the time. He is very professional, friendly and very helpful. Thank you very much Joe Bonura and staff we are happy with the outcome and will use you again if needed. Thanks Team."
"We have been treated by Marsdens very good. We will recommend them to family members and the community. Marsdens have always been confidential, and they delivered trust, respect and privacy in the issues that they have dealt with for our family. Well done Marsdens team. Special thanks to Joe Bonura, Thanks, Thanks."
"A huge thank you to Tess Danjoux for all her support over the last two years."