Our client is a young gentleman who enjoyed a weekly catch-up with a few mates at the pub. In about June 2020, our client had organised with a few friends to attend the local pub for dinner and drinks. After finishing dinner, our client and his mates proceeded to the outdoor area to continue drinking in a smoke area. As it was in the middle of winter, our client requested that the pub employees turn on the gas heater.
As the staff member began to ignite the gas in the heater, our client bent down to her level to advise her that he could smell gas leaking and began to point out whether the leak was coming from.
As he did so, the staff member pressed the ignition button causing the gas to ignite finally; however, this time into our client’s face and hands, causing him substantial burns. The pub’s outdoor area was immediately evacuated and called the fire brigade.
Our firm sent a letter of demand requesting several documents from the defendant, including, but not limited to, CCTV Footage of the incident. The defendant maintained its position throughout the matter that our client was at fault for having tampered with the gas heater. As our client was a local at the pub, he obtained supportive evidence from witnesses that assisted his claim.Â
We were able to secure our client’s compensation through negotiations outside of Court, saving our client legal fees, disbursements, and the stress associated with litigation.
Although our client’s injuries had healed by that stage and did not cause him ongoing scaring, we could successfully resolve the matter and secure him enough funds to cover his psychological trauma following such a horrific event.
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Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
There are time limits involved with public liability claims, so it’s important to make a claim as soon as possible to ensure you remain eligible. Usually, individuals have three years from the date of injury to file a claim but this may differ by state and it is often best to start the claims process as early as possible.
If you’re awarded compensation, the businesses insurer will cover the cost. There are a number of areas that compensation could cover, including physical and psychological injuries and losses.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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