Private Premises accidents can cause permanent injury. In the case of adults who are unable to work due to sickness, disability, or a permanent injury resulting from the accident, you may be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.
Owners and occupiers of private premises also owe a duty to take reasonable care for the safety of persons who enter onto their property and are liable to those injured on the premises if they don’t. You are not entitled to compensation merely because you suffered an injury. The owner or occupier is required to take those precautions that are considered to be reasonable in all the circumstances. Although the standard of care required of private owners is less than that demanded of commercial property owners, private owners will generally be liable for the consequences of injuries caused by significant and/or obvious hazards.
Claims (like those for commercial premises) usually fall into one of two categories, namely defective design or construction on the one hand or poor maintenance on the other. These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002. The Civil Liability Act 2003 limits liability for “obvious risks” and “dangerous recreational activities”.
If you are unsure where to start, contact our expert public liability lawyers who will give you advice.