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Public Liability Claims

 

Public Liability is an area of law that covers a wide range of accidents or incidents that happen generally in public places or on private property, such as:

• Car parks
• Shopping centres
• School yards
• Playgrounds
• Schools
• People's houses
• Landlord/tenant arrangements
• Labour hire arrangements
• Equipment hire

If the event that caused your injury was not from a road, vehicle or work accident, then it is probably a public liability claim.

The parties in public liability cases are bound by the rules set out in the Personal Injuries Proceedings Act 2002 (QLD) and Civil Liability Act 2003 (QLD).

There are specific timeframes associated with commencing a public liability claim against health care providers, including:

• Delivering an initial notice within 9 months of the date of accident or within one month of you consulting with an accident claim lawyer about making a claim against the person or company you allege was negligent. You can be late in serving the initial notice but you will then need to give a reasonable excuse for your delay
• A three-year limitation period, which means court proceedings must be started before the expiry of the three years. There are exceptions to this three-year rule, one being if the injury occurred if you were not yet 18 years of age. In this scenario, the three-year time limitation does not start until you turn 18 and it expires on your 21st birthday.

 

The above is general information only and not intended to be legal advice. You should not rely on this information to make decisions but should seek expert legal advice about your specific circumstances.