The Occupier’s Liability means, if your injury occurred on private property and was the result of another person’s negligent act, you may be entitled to damages. The purpose of a monetary payment is to compensate for loss, harm or injury suffered. This can be achieved by either a negotiated out-of-court settlement or a verdict at trial.
Who is an Occupier?
An occupier may not necessarily be the owner of the premises. The occupier is generally the person who controls the premises. For example, this could be a landlord, tenant, owner’s corporation or venue manager.
What is Private Property?
Private property includes both residential and commercial premises such as houses, restaurants, schools, shopping centres etc.
The time limit for a common law claim is 6 years from the date of the negligent act, which caused the injury. It is also important to note that if you receive damages for loss of earnings, your workers compensation claim will come to an end in addition to any Centrelink payments you may be receiving at the time.
What to do
Unfortunately, the law can be rather unforgiving to those who fail to act within the specified time, which often results in a loss of compensation that you may have been entitled to. Nobody should suffer financial hardship as a result of another person’s negligence so the key piece of advice from our end is to take action as soon as possible.
- Seek medical treatment immediately
- If possible, take photographs of your injury and where the incident occurred
- Record the details of the accident as soon as possible. Be specific about how and why it occurred.
- Keep all medical reports and details of the doctors who have treated you
- Write down how the injury has affected your life
- Retain receipts for medical expenses including medication
- Maintain a travel log of all medical appointments which you have travelled to and from since the injury occurred.
Fees For Occupier’s Liability Claims
We offer a No Win – No Fee arrangement.
A No Win – No Fee arrangement means we do not charge professional fees if the case is unsuccessful, however there may be disbursements (out of pocket expenses) involved.