Public liability is an important element of the law, and it is concerned with general civil wrongs. Therefore, it is crucial for you to understand this issue if you have sustained injury while on public or even private property. Generally, you are eligible for compensation for any damage sustained if the owner or occupier of the premises is determined to be negligent. If you have this type of problem, it is advisable to engage a lawyer for assistance in presenting a lawsuit against the responsible party. Here are some critical things that you need to understand before launching a compensation claim.
Type of Accidents
There are different types of accidents that you can experience in public places such as pavements, parking spaces, supermarkets and restaurants. The most common type of injury claims are based on slips, falls and even tripping. If you want to win this type of claim, you must proof that the fall would not have occurred if the property owner had taken reasonable care to protect the passers-by. For example, wet floors or untreated snow without a warning can be a sign of negligence. You can also file a lawsuit if you are hit by a falling object, particularly in commercial properties. You should also speak to your lawyer about non-physical damage such as stress and anxiety related to issues like elevator malfunction.
Duty of Care Levels
The success of a public liability claim relies heavily on proofing duty of care. This is the obligation imposed individuals and other legal entities to adhere to reasonable care in their property in order to protect other people from harm. The goal of a lawsuit is to prove that the owner or occupant breached his duty of care to you. Generally, the claim will most probably be successful after this fact is established. However, the amount will be affected by the level of care that you should have been afforded. If you were an invitee such as a customer, you will be owed high duty of care because you were not there by accident. On the other hand, if you were an intruder or trespasser, the duty of care level will be much lower, if not nonexistent.
Actions to Take
You should report the public liability injury to the staff or the owner and record details of the events for an accurate account. If possible, take the names of the witnesses and contact details in case your claim is opposed. You should also take photographs of the problems that resulted in injury, like potholes and poorly-maintained pavements.Share