Occupier Liability and other Public Liability

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The law has established occupier liability.  It recognises that occupiers owe lawful entrants a duty of reasonable care.  Failure to discharge this duty may see personal injury suffered in a hotel as a guest, in a park as an ordinary citizen,  a plane, boat or watercraft as a passenger, a participant at a conference, a shopper in a shopping centre, a contractor on a site and the list goes on.

In Queensland, the procedures to making a claim is prescribed under the Personal Injuries Proceedings Act 2002, which requires the exchange of documents, medical examinations and a conference before litigation can commence.  There are strict timeframes that apply with lodgement.  Please discuss this with your Brisbane Personal Injury lawyer.

Damages for Breach of Occupier Liability

The entitlement to damages however, are largely still based on common law principles and in some instances modified by various statutes such as the:-

  1. Civil Liability Act 2003
  2. Civil Aviation (Carriers’ Liability) (Qld) Act 1964
  3. Limitation of Liability for Maritime Claims Act 1989 (Cth)

The nature and extent of the particular occupier’s duty are also in some instances modified by various other statutes such as the:-

It is almost impossible to give an exhaustive list as to the situations where a public liability claim can arise, but our Brisbane personal injury lawyers can advise on the prospect of any action, the process of the claim and the legislation which governs it.

free initial consultation – no obligation, no strings attached – with one of our Brisbane Personal Injury lawyers will help you navigate your way through all this. To find out more or to book an initial consultation please contact our Business Development Officers by email or Phone 07 3252 0011.
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