Public Liability: Rights and Responsibilities.

Public Liability In Australia.

Public Liability Insurance.

Most Australian businesses will have some form of public liability insurance. When people from the general public are attending your store, buying your products or availing themselves of a professional service that you deliver, they will be covered under your public liability insurance. Many claims that a personal injury lawyer will pursue for compensation are processed under an insurance umbrella

This branch of insurance protects consumer from lapses in the duty of care that any business must undertake in conducting business activities. The particulars of a duty of care may vary from profession to profession, however the same fundamental principles apply. The principle is somewhat biblical, and can be summed up as treating others as you would have them treat you. By acting in accordance with a duty of care you would do everything possible to ensure that a customer feels valued and receives the goods and/or services that have been promised.

Many businesses suffer lapses in duty of care. Most often this is done as negligence. The business has neglected some aspect of its duty of care to the customer. Very rarely do we see malicious acts perpetrated upon a customer, most often the breach in the duty of care comes from an omission, or simple human error.

Making Mistakes.

Whilst it is true that all humans will make an error, and some instances may have mitigating circumstances around the error that is made. This does not absolve the company of responsibility for any harm, injury or damage suffered by the consumer. Rather the covering insurer most often deals with the plaintiff on the policyholder’s behalf. Claims for negligent damages for injuries incurred on the property of another are very common, such as trip, slip and fall injuries. These can develop into large civil suits particularly where the circumstances surrounding the injury are contentious or the injuries sustained are particularly severe. Most claims for civil damages are resolved prior to ever going to a court of law through a process called mediation. Mediation is often a preferred method for dealing with civil disputes as it is often more cost effective for all sides and can result in quickly resolving the matter to the satisfaction of all parties. Where one party is particularly intransigent and once multiple attempts have been made to settle the claim for compensation the matter is most likely to be seen before a court with barristers often representing both parties. This is rarely if ever seen for small settlements and will generally only occur when the claims for damages are high.

Motor Vehicle Accident Insurance.

Some of these fields of public liability insurance are very broad, such as workers compensation insurance or motor vehicle accident insurance and can be extremely complex in their wording and application. The aim of public liability insurance is to ensure the recovery of victims from any injury sustained caused by the actions or lack of action of another party.

Motorists in Australia will pay Compulsory Third Party (or CTP) insurance for the purpose of covering victims of negligent driving. Sometimes that injury is a result of one’s own negligence. People will make mistakes and sometimes we have to be protected from the mistakes that cause harm to ourselves. This is why compulsory third party (CTP) insurance was introduced to ensure that no matter the financial state of the defendant, the plaintiff can still gain adequate compensation to ensure a full recovery.

Civil Suits.

The legal system understands that life can be unfair and that mistakes are made that hurt others. That is why civil cases are brought to bear. So that innocent people who have suffered due to the negligent actions of another may claim full restitution for any damage incurred. An expert personal injury compensation lawyer is able to examine all of the evidence in a claim and gives salient advice as to the best course of action. It is important that you disclose all of the relevant facts to the claim to ensure that your lawyer has a complete comprehension of the case. Learn More.

By |July 12th, 2016|Compensation Claims, Motor Vehicle Accidents, Personal Damages, Personal Injury Law, Workplace Injury|Comments Off on Public Liability: Rights and Responsibilities.