Any person wishing to claim compensation for their injuries needs to take action within three years. There are lawyers who specialise in assisting claimants with public liability claims, and who will be able to obtain the best possible outcome for any claimant. It is important to find the right lawyer to handle your claim as this can make a massive difference in the outcome of your matter.
A claim for compensation in South Australia can include awards of compensation for pain and suffering, loss of income, domestic and gardening expenses, and medical expenses.
The occupier of the property need not be the owner of the land, but simply in control of it. Most owners and occupiers of premises are insured against such losses. The liability of the owners of premises is limited to situations where they have failed to carry out an obligation to maintain and repair the premises.
In deciding whether there has been negligence on the part of the occupier, the Courts will consider the nature and size of the premises, the extent of the danger, how the injured person came to be exposed to the danger, the age of the person, whether the occupier should have known of the danger and that people were coming onto the property, what had been done to reduce or warn of the danger. There is no duty of care to a trespasser unless their entry to the property was reasonably foreseeable.
Court actions for personal injury arising as the result of an accident on private property in South Australia are regulated by the provisions of the Civil Liability Act, 1936.
Among the relevant provisions of that Act are;
Section 37, which provides that where the defendant to an action alleges that the risk involved in the accident was obvious, the claimant will be required to prove on the balance of probabilities that he or she was not actually aware of the risk. A person can be found to be aware of the risk, even where the person is aware of the type or kind of risk, but not aware of the precise nature, extent or manner of occurrence of the risk. The defendant must prove that a reasonable person in the claimant’s position would have taken steps to avoid the risk.
Section 38 provides that a person does not owe a duty to another to warn of obvious risk unless the injured party has requested advice or information about the risk, there is a legal requirement to warn, or the risk is a risk of death or injury arising out of a medical procedure.
Section 39, which provides that a person is not liable for the materialisation of inherent risk. An inherent risk is defined as something that cannot be avoided by the exercise of reasonable care and skill.
It is very important to find the right lawyer to assist you with your public liability claim.