Public Liability Claims
Public Liability Claims
Public liability claims commonly refer to claims where injury has resulted as a consequence of a slip or fall or injury caused by a defective building or product or injury sustained in a sports incident or in a school yard. It can cover other areas such as injuries on a boat or being attacked by an animal. A claim arises when it can be established that the person responsible for the area where the injury has occurred (the occupier) has breached a duty of care and this has resulted in the injury to you.
Almost always there will be insurance cover for a public liability claim. Even if an injury occurred at a friend or family’s house it is normal for the building or contents insurance of a private residence to cover public liability. Similarly if you are injured on a footpath or in a commercial shopping centre there will almost inevitably be an insurance policy in place to deal with the claim.
Claims made under public liability are made pursuant to the Personal Injuries Proceedings Act. Again time limitations apply and accordingly you should contact Southside Legal as soon as possible to ensure you do not miss the time period.
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Frequently Asked Questions
Does a claim take very long?
In some instances, insurance companies will accept that their customer is at fault and will wish to settle the claim made as soon as possible. In those instances, claims can sometimes be finalised within a few months. However, if the defendant insurer wishes to defend the proceedings, the matter can take longer to finalise. We utilise mediation procedures as soon as possible in an effort to resolve matters as quickly as we can. However, if no agreement is reached and it is necessary to go to court, some cases can take a few years.
How can I afford to pay solicitors’ fees?
If we believe your prospects of success are good, there is a high probability we will agree to act on the basis that our professional costs are not paid until the successful conclusion of your matter. If in your first consultation we advise you that your prospects of success are not good and you did not want to proceed with the matter, we will not charge you for our time.
Will I win?
In most cases we can give you an answer on your prospects of success almost immediately. There are however some matters that are more complicated and further investigations are required.
How much can I recover?
Once we advise you that you have a good claim, you will need to wait for your injuries to stabilise before a proper assessment of likely damages you can recover can be made. The same injury to people in different occupations can result in a different outcome in damages. A broken leg may have a long term impact on a person involved in heavy physical work (ie prevent them from working in their trade) and a much less impact on a person involved in a sedentary job. Each matter needs to be individually considered.