The question of who is at fault when an injury occurs on public property is significant. Personal injury compensation requires an applicant to prove that the entity controlling the public space was neglectful in maintaining its duty of care. Because personal injury law is very 'fault-based', it's crucial to understand the obligations of those operating public spaces and your safety responsibilities.
Typically, there needs to be evidence that an entity has neglected its duty of care to the public. For example, if you slipped on the wet floor of a shopping centre and there was no warning signage, the shopping centre would likely be at fault. However, if the wet floor is clearly marked, there's an expectation that you should avoid the area. Ignoring public warning signs makes it less likely that a public entity can be held accountable.
In any type of compensation case, particularly those falling under personal injury law, it's vital to maintain clear documentation. Proving an entity is at fault requires evidence, so you need to keep clear records.
Firstly, if there are any witnesses to your injury, it's a good idea to ask if they would be willing to be contacted if necessary. Gather their details in case their statement is helpful in future court proceedings.
Photographic evidence is also important. You'll want to take some photos of your injury. Even if there isn't much visible sign of damage, it can be helpful in conjunction with medical records. Also, you should capture photos of the area where you were injured. If claiming negligence based on poorly maintained infrastructure, such as steps or pathways, photographic evidence helps.
If required, seek medical advice promptly and keep clear records. Many personal injury cases result in compensation to cover medical expenses, so you'll need to show how much you've spent.
If you've been injured in a public space and you're not sure what to do next, contact Scammel & Co. Lawyers today for advice.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
