Unproperly mounted objects might result in serious health problems and can even lead to disabilities. Objects in museums, shopping centres and theme parks have a history of unfortunate accidents leading to critical health conditions. The keepers of these places should maintain safety standards to prevent any adverse outcomes. Windows of high-rise buildings, collapsed roofs and cranes falling over buildings have caused many fatalities as well as material damage. If you are suffering injuries due to similar circumstances, you may be eligible to claim public liability compensation.
Falling objects might also be a work-related accident since construction yards and excavation fields are almost always very crowded and ground conditions can make it hard to mount an object properly. For work-related falling objects accidents, you should seek legal help have your situation evaluated. Injured workers can take legal action to compensate for their loss with a professional representation, free of charge.
Who is responsible for my injuries?
In public liability claims, it has to be established that a service provider owed you a duty of care and breached it. In this case, the duty might be a customer-business relationship and the breach can occur as unproperly mounted or hung objects which caused injuries. If someone else’s recklessness caused injuries to a person, the business is liable and can be sued.
Majority of the businesses in Australia are obliged to have public liability insurance so, in case of an accident, you are likely making a claim against the insurer. If both parties can’t reach an agreement, the case then should be carried to court. However, with a good representation and by providing good a amount of evidence, it is likely to have the situation solved through the insurer.
How can I compensate for my loss?
Your entitlements will differ depending on the circumstances and injuries. Generally, you may be able to be awarded compensation for medical treatment expenses, financial loss due to loss of income, personal care services and on some occasions, lump sum payment. Lump sum payment for public liability cases may be awarded to those suffering disabilities due to the injury which significantly decreases the claimant’s capacity to work. Lump sum payment may also be awarded for pain & sufferings; however, the required threshold is at least 15% of the most extreme case.
For work-related injuries due to falling objects, injured workers can claim for workers compensation. Workers compensation is based on a no-fault scheme which means, unlike public injuries, there shouldn’t have to be a negligent party to be able to make a claim. Workers suffering injuries might benefit from weekly payments and compensation for medical expenses as well as many other benefits. For workers compensation claims, the required permanent impairment threshold is determined as 11% or more for physical injuries while 15% or more is needed for mental injuries.
Should I request legal help?
Public liability has a very broad definition and as every situation has its variables, your claim should be evaluated by a legal professional and see if you have a valid claim or not. The process needs to be supported by a large variety of evidence. Documents demonstrating the cost of your injuries such as medical expenditures, pre-injury earnings and your capability to earn will be needed; while documents relating to your ongoing treatment, doctor statements and the impact on your living standards will also play a critical role in the court decision. No win no fee lawyers in Australia are offering their services by guaranteeing the claimant that nothing will be charged to them if compensation cannot be received.