Occupiers Liability Claims
In Western Australia occupiers liability laws offer protection for people injured in an accident that occurs on public or private property. If you have been injured somewhere other than at work or in a motor vehicle accident you may be entitled to make an occupier’s liability claim.
These are claims for damages for personal injuries arising as a result of the negligence of an occupier of premises. These claims are governed by the provisions of the Occupiers’ Liability Act 1985, the Civil Liability Act 2002 and the Limitation Act 2005.
You will need to prove the existence of a danger on the premises that is the cause of your injury and for which the occupier of the premises can be held responsible/negligent.
Currently the Civil Liability Act 2002 does not allow for damages for damages for personal injuries to be awarded for the physical aspects of the injury if the award falls to be assessed under $19,500.00.
What kind of injuries can occupiers liability claims address?
Public liability and occupiers liability claims cover:
- Injuries sustained at shopping centres including slips and falls
- Falls on public or private property including parks, gardens and footpaths
- Schoolyard and playground accidents
- Injuries sustained whilst participating in sporting activities
- Injuries caused by animals, e.g dog attacks
- Food poisoning
Ian Watson has been practicing in this area of law, for more than 30 years, and can provide to you with expert advice when it comes to investigating and pursuing a loss caused by medical negligence.
Compensation for these types of accident claims can be used to cover:<
- current and future medical costs;
- loss of income, and
- pain and suffering.
A frequently asked question is “how much is my claim worth”?
This is a difficult question to answer, as every case is different. Compensation is awarded according to the “damage” or harm and loss suffered. In order for Ian to determine the extent of your claim he will need to quantify your claim on the basis of what losses you have suffered, and what needs have been created as a result of the negligent act. Factors that may be considered include the following:
- Past medical treatment expenses
- Future medical expenses
- Past and future loss of earnings
- General damages for pain, suffering, emotional distress and loss of enjoyment of life
General Damages for pain and suffering, emotional distress and loss of enjoyment of life are not presently recoverable if worth under $19,500.00 and if assessed between $19,500.00 and $59,000.00 the first $19,500.00 is deducted.
The occupier is the person or organisation who is in control of the land or premises. You will need to find out who is in control of the premises. Sometimes it will be the person who owns the premises. It may be the person who runs their business at the premises. If the premises are rented, the landlord may or may not be responsible depending on the facts.
It may be helpful for you to bring the following information with you:
- Personal details of any other parties involved.
- As much information as you have about who the occupier is.
- Copies of any letters you have written about the matter.
- Any letters you have received.
- The date time and place of the incident.
- Full details of how the incident occurred (notes may be helpful).
- Full description of any injuries you have.
- Details of any hospitalisation or treatment.
- Full names and addresses of any treating doctors, etc.
- Any medical accounts or other accounts related to the injury that you have received.
- Details of work history and current employment details.
- Names and addresses of any witnesses.
- Any photos taken (photographs should be dated and signed by the person who took them).
- Your thoughts on how the injury is currently affecting you.
08 9721 8377
Consultations are by appointment
and you can contact Ian directly for an initial cost free telephone enquiry.
Liability limited by a scheme approved under Professional Standards Legislation