Private owners are generally required, for example, to ensure that floors and tiles are not unreasonably slippery, are kept free of hazards and are designed to meet appropriate standards.

As in the case of commercial premises, the extent of the duty is measured according to the circumstances, including the likelihood of any injury occurring.

In the case of alleged failure to conform to appropriate standards, it is often necessary to prove the breach by the expert evidence of a safety engineer who would usually inspect the premises, prepare a detailed report and appear in court if required to be cross-examined as to his or her conclusions.

It is recommended to speak to a Private Property Lawyers to discuss how to take the best course of action.

It all depends on the success of your claim, which will depend on the quality of your evidence and the case you make when you make a claim.

Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their life.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

• extent of duty owed;
• breach of duty;
• pre-existing health prior to the accident;
• pre-accident lifestyle;
• injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Potential medical or personal care costs that are likely to occur due to the injury; and
• The interest from the loss of earnings.

Speak to our Private Property Lawyers to see what available options you are entitled to.

Every situation is different. In compensation claims, our Private Property Lawyers need to consider carefully:

• how the accident occurred;
• whether any element of the design or construction fell below reasonably acceptable standards;
• how and when the owner or property manager was made aware of the defect;
• whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

It is crucial that you:

• Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging experienced Private Property Lawyers who specialise in public liability claims can make the process easier, more efficient and more likely successful for you.

To assist Private Property Lawyers with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records.
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

It is essential to always speak to expert Private Property Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or, even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win, no fee’ service in many cases.

Our Private Property Lawyers service all of Australia in relation to travel and holiday injuries, including injuries occurring overseas.