Public liability claims fall under the umbrella of personal injury claims. It is crucial to know some basic facts about public liability and personal injury claims in case you are ever injured in a public place.
What You Need to Know About Public Liability Claims
In WA, personal injury claims fall under the auspices of the Civil Liability Act 2002 (WA). It is a 68 page document that can be difficult for someone who isn’t in the legal profession to decipher. Here are some of the things you need to know if you think you may have a personal injury claim.
In most areas, a three year time limit applies. However, in some areas the limit is less. For example, there is a 12 month limit for WorkCover or car accident claims. We always advise that you call a personal injury lawyer immediately to ensure that you are doing everything in a correct and timely manner.
The good part of proportionate liability is that you can file for damages even if a personal injury was partially your fault. The bad part is that the “other side” will always try to prove that your proportion of the blame is as high as they possibly can. The court will be asked the reasons for assigning fault to the defendants.
In addition, the onus of proof is always on the plaintiff. In other words, you don’t have to prove that you weren’t responsible; you have to prove that they were responsible for your injury. Your share of the blame is called “contributory negligence.” It is taken into consideration when assigning a proportion of blame to the defendant.
What it Means to You
Always consult a personal injury lawyer whenever you sustain a personal injury, especially in a public place. They can tell you if you have a legitimate claim and if there is a chance of winning once you get to court.