Public Liability Insurance Claims
Lawyers for You
At Denning Insurance Law we are expert liability claims defence lawyers. We have experience in top tier firms and across Australia’s biggest industries, meaning we’re familiar with the wide array of liability claims and the best strategies for defending against them. And we are one of the only specialist insurance firms in Queensland that represent only the insured and not insurers.
Our Expertise
We are specialist personal injury lawyers with two decades of litigation experience. We defend against negligence, professional indemnity, contract and public liability claims. If a claim is made against you or your organisation, we can advise you, support you and help you defend it.
Liability claims can be complex. We always start by providing you with a preliminary view of your prospects of successfully defending the claim and giving you information about the claims process generally. We want to ensure that you know where you stand every step of the way.
Expert Liability Claims Management
At Denning Insurance Law we offer a cost controlled and highly effective legal defence that is tailored and personalised for you and your claim. From the moment you send through details of your claim, to the ultimate outcome, we will be with you every step of the way ensuring that your defence is smooth and stress free.
Claims We Handle
- Public liability, including slips and falls
- Industrial accidents
- Product liability
- Contractor personal injury claims
- Contractual indemnity claims
- Statutory liability claims
- Property damage
- Financial loss
- Professional indemnity claims
Proactive Advice
At Denning we don’t just look to the past. We can also help you with proactive advice to ensure you’re in the best possible position to avoid liability issues into the future. This includes:
- Reviewing your exposure to public liability claims.
- Developing a comprehensive plan for mitigating risks.
- Advising you on your rights, obligations and potential liability under the Civil Liability Act.
- Advising you on your contractual liability under commercial contracts.
- Developing a plan for how to avoid indemnity for third party claims.
- Helping you to understand where the cover under your insurance begins and ends.
- Advising you on retail liabilities and exposure.
What is a public liability claim?
Insofar as injury law in Queensland is concerned, a public liability claim is a demand for compensation to cover losses stemming from an injury, if the incident injury occurs in a public place other than a highway or a workplace.
In Queensland, the latter two public places (i.e. highways and workplaces) are regulated by the motor vehicle legislation and the workers compensation legislation respectively.
What can be claimed under public liability?
If a claimant suffers an injury in a public place, and another person is liable for the claimant’s injury, the claimant is able to seek compensation in the form of damages pursuant to the Personal Injuries Proceedings Act 2002.
The damages the claimant may recover are designed to compensate the claimant and place the claimant in the position he/she would have been in, but for the injury incident.
A claimant’s damages assessment is determined pursuant to the Personal Injuries Proceedings Act 2002, the Civil Liability Act 2003 and relevant case law. The damages normally comprise economic loss, out of pocket expenses and general damages.
If you require an assessment of your likely damages arising from a public liability claim, please contact us at Denning Insurance Law.
How do I claim against public liability?
The Personal Injuries Proceedings Act 2002 regulates the manner in which public liability claims are commenced and progressed in Queensland.
This legislation requires a claimant to serve a sworn Form 1 Part 1 Notice of claim upon the alleged tortfeasors within certain stipulated time periods (see FAQ below).
If you require an assessment of your prospects of commencing a public liability claim, please contact us at Denning Insurance Law.
What is the public liability claim time limit?
The Personal Injuries Proceedings Act 2002 states that a claimant must commence a claim within the period ending on the earlier of the following:
(a) within 9 months of the injury incident happening or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury; or
(b) within 1 month of the claimant first instructing a lawyer to seek damages for the personal injury.
In some instances, the proscribed timeframe may be extended.
If you require an assessment of your prospects of commencing a public liability claim, please contact us at Denning Insurance Law.
What types of claims do public liability insurance cover?
Effectively all public places, except highways and workplaces, fall within the remit of a public liability claim insofar as the law in Queensland is concerned.
Therefore, any public space, place or building may be the setting for a public liability claim. Specific examples include amusement parks, car parks, cinemas, office space, parks, rental properties, shopping centres or theme parks.
Also, in certain specific cases, a highway or a workplace may be the setting for a public liability claim (e.g. a contractor who is not an employee is injured whilst at a workplace).
If you require an assessment of your prospects of commencing a public liability claim, please contact us at Denning Insurance Law.
When can you claim on public liability insurance?
It makes strong commercial sense for the occupier of any public space, place or building to have appropriate public liability cover with a recognised general insurer.
By ‘appropriate’, that means insurance cover which provides adequate protection in terms of the amount of an likely compensation payment to a claimant or claimants, and a policy of insurance which covers the likely risks posed by the occupier at the insured premises.
Is public liability insurance compulsory?
No, public liability insurance is not compulsory.
What voids public liability insurance?
Every policy of insurance held by an occupier is different, and every claim which may be made against an occupier is different. Therefore, it is important for an occupier to obtain proper insurance advice, preferably from an insurance broker, before purchasing public liability cover.
However, as a general guide, the following instances normally void public liability insurance:
- An injury incident which occurs on a highway whereby CTP Insurance should respond to the incident.
- An injury incident which occurs at a workplace whereby worker’s compensation Insurance should respond to the incident.
- Signing a contract, or granting an indemnity to another party, which increases the insurer’s liability risk.
- The release or discharge of pollutants from insured premises.
- Intentional acts.
- Inappropriate disclosure before the policy of insurance was purchased.
If you require advice about your public liability insurance or a claim that has been made against you as an occupier, please contact us at Denning Insurance Law.