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Frequently Asked Questions
If you are considering making a public liability claim, our FAQs below is a useful place to make a start.
What is meant by the terms “duty of care” and “negligence”?
These terms are two key legal principles in the law of public liability. “Duty of care” means that the owner or occupier of the land had a responsibility to take reasonable steps to keep it safe for users.
If the owner/occupier has failed to take reasonable steps and you are injured due to that failure, they have breached their duty of care. “Negligence” is another term used to describe a circumstance in what a duty of care has been breached.
What if the incident was partly my fault?
If the incident was partly your fault you may still be able to claim compensation, but your compensation entitlement may be reduced to account for your actions or omissions (in so far as they contributed to the incident).
This principle is known as contributory negligence.
You will still need to establish another person, company or government department has breached their duty of care to you.
We can provide advice on whether there may be contributory negligence, and the effect it may have on your entitlement to compensation.
Who is liable to pay my compensation award?
The person, company or government department who owed you a duty of care, and breached the duty of care (leading to your injury) is liable (or responsible) to pay your compensation award.
In most cases, the relevant person, company or government department will have “public liability” insurance that will indemnify them in relation to a claim.
In practical terms, this means that if your claim is successful, the relevant insurance company will pay the compensation award.
What if the liable party does not have insurance?
If there’s no policy of public liability insurance in place, the relevant person, company or government department will need to pay the compensation award from their own funds.
If they do not have sufficient funds to pay the compensation award, you may not receive compensation for your injury, even if you can establish they have breached their duty of care.
Can I make a public liability compensation claim if I’m injured at work?
If the negligent person or entity is your employer, you will not be able to make a public liability claim, and your ability to seek compensation for your injuries will be limited to a workers compensation claim.
If the negligent person or entity is not your employer, you may be able to make a public liability claim, in addition to any workers compensation claim.
If you think you may have both a public liability claim and a workers compensation claim for your injury, we would recommend seeking legal advice with a view to maximising your compensation entitlement. At DBH Lawyers, we have extensive experience with these types of claims, and can help you figure out the best way forward.