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Occupiers Liability

If you are injured whilst on someone else’s property, this is sometimes known as an occupier’s liability claim. Examples of such claims are slips, trips and falls in supermarkets or shopping centres, injuries sustained on leased premises, injuries in car parks, injuries in hotels or clubs, injuries on building sites or injuries on any premises that are owned or leased by someone else.

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What is an occupier’s liability claim?

The law of occupier’s liability is the duty of care by an occupier of premises or land towards visitors on those premises.  Whether the visitor is invited or uninvited and who suffers an injury during the course of their visit.

Occupier’s liability is that part of the law which sets the safety standards for households, companies, tenants and anyone else who is in control of land or building so they should make sure that those premises are safe for anyone who enters onto the premises.

If you are injured while on the premises occupied by another, and you sustain an injury as a result of the negligence of the occupier, then you can claim the occupier’s public liability insurance.

Occupiers Liability

In 1987 the High Court decided in a landmark case known as Australian Safeway Stores Pty Limited v Zaluzna that occupier’s liability should be dealt with in the same way as normal negligence.

The law in NSW for negligence is governed by the NSW Civil Liability Act 2002 (NSW).

To make an occupier’s liability claim in NSW, you still need to establish that the occupier of the premises owed you a duty of care and that they have breached that duty of care. The test of whether a duty of care has been breached is whether it was reasonably foreseeable that someone could sustain an injury and whether the defendant did what was reasonably necessary to prevent such an injury from occurring.

Examples could be a slip on a piece of food in a supermarket. A supermarket owes a duty to anyone entering upon their premises that the floor is clean and any spills are removed as soon as is reasonably practicable. If the spilled substance is on the floor for an unreasonable period of time, then the occupier will be found liable to pay compensation.

What compensation can be claimed?

If you can establish negligence against an occupier you are entitled to claim the following types of damages:

  1. Pain and suffering and loss of enjoyment of life – this is a lump sum amount payable for the pain you have suffered as a result of the injury and the effects that the injury has on your life. The maximum amount payable is now close to $600,000.00.
  2. Out of pocket expenses – you are entitled to claim the cost of any out of pocket expenses which include payment for medical treatment and any other expenses you have incurred as a result of the injury.
  3. Loss of income – you are entitled to claim both past and future loss of income that is caused by the injury.
  4. Care and assistance – you are entitled to claim domestic assistance provided to you for free by family and friends or paid commercial care by a cleaner or a gardener for example. Such compensation is paid as a one off lump sum amount at the conclusion of any claim.

Are there time limits to make a claim for occupier’s liability?

Yes, there are time limits in which to proceed with these types of claims. Usually you must proceed with this type of claim within three years from the date of which you knew or ought to have known you had a right to make a claim. Generally, it is best to ensure that you seek legal advice within three years from the date of your injury.

Every claim for compensation is different and the success of any claim depends on the circumstances of how the injury happened. It is therefore important to do the following if you have sustained an injury:

  • Report the injury to the occupier or owner of the premises.
  • Take photographs of the area where you sustained injury.
  • Take photographs of the injury.
  • Seek appropriate medical attention.
  • Consult with an Accredited Specialist in Personal Injury Law.

If you need assistance with your occupier’s liability claim, please do not hesitate to contact us as follows:

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
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05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
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01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
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06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
Tyson Langanke (Five Star W.
00:30 02 Apr 24
I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more
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09:54 27 Mar 24
I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more
Simona M.
05:11 26 Mar 24
Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.read more
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01:16 26 Mar 24
So very happy with the service Garling has provided the care and help has eased a lot of worry I had when going through this process . Many thanks to the entire team
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