MAURICE BLACKBURN LAWYERS PUBLIC LIABILITY & FAULTY PRODUCTS SOUTH AUSTRALIA

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1 MAURICE BLACKBURN LAWYERS PUBLIC LIABILITY & FAULTY PRODUCTS SOUTH AUSTRALIA

2 02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn t have to suffer. That s why we never stand back when bad things happen to good people. At Maurice Blackburn we believe that the law should serve everyone. Who you are or where you re from, it doesn t matter. You re worth fighting for. Maurice Blackburn was born from one man s belief in making a difference to people s lives. Nearly 100 years on these values remain a powerful influence on everything we do. We exist to fight for your rights. For what you deserve. When life isn t fair we ll help you to fight for everything you re entitled to. Because at Maurice Blackburn, we fight for fair.

3 03 PUBLIC LIABILITY & FAULTY PRODUCTS If you were hurt somewhere other than at work or in a motor vehicle accident, you may have a public liability claim. Maurice Blackburn has fought and won public and product liability claims for thousands of Australians. Occupiers and public liability law covers a wide variety of circumstances in which people may suffer personal injury or death. These include: playground accidents schoolyard incidents injuries sustained in sporting activities where the oval, arena or court has fallen into disrepair or is poorly maintained slips and falls in supermarkets or other retail outlets recreational accidents slippery bike tracks exploding glass door physical assault dog attacks plane or boat accidents falls on public property, and residential accidents. If you have been injured by defective products you may also be entitled to claim compensation. Examples of defective products causing injury include gym equipment, electrical items and children s toys. Why choose Maurice Blackburn? Maurice Blackburn has represented the victims of negligent conduct for 90 years. In recent times, significant changes have been made to occupiers and public liability laws so that proving negligence has become more difficult where people are injured as a result of an obvious hazard. It is therefore very important you seek the assistance of experienced lawyers with a thorough understanding of this complicated area of law. What can I claim for? Compensation may cover: medical costs (including future costs) lost income pain, suffering and loss of enjoyment of life, and home help and attendant care. Who can I claim from? Anyone who causes or is responsible for causing injury may be liable to pay compensation. For example, the owner of a dog who bites a person would be liable for the injuries caused. Also occupiers of a property have a duty of care to people who they can reasonably foresee will come on to their premises. It does not matter if the property is privately or publicly owned. Property also includes sporting fields, parks, gardens, and playgrounds.

4 04 MAURICE BLACKBURN What do I do if I think I have a claim? If you think you have a claim you should: seek medical treatment immediately and tell your doctor how you were injured keep records and receipts of all medical expenses and the dates of all medical consultations keep records and receipts of any wages you have lost as a result of your injury take photos of your injuries, where possible take photos of where you were injured, where applicable, and keep the product that caused your injury. Do not return the product to the manufacturer as it represents significant evidence. Time limits claim The Limitation of Actions Act provides a three year limit in which a claim must be commenced. After this time it can be regarded as extinguished. It can be possible in some circumstances to extend the time limit but it will not automatically be extended and therefore any claim would be commenced within three years of the accident. Different time limits apply where the person injured is a child or is under a disability. My husband has had a troubled and difficult life. For the first time in his life, he felt someone truly went in and batted for him. He was just beyond words when you told him what he s getting. Public Liability Client

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6 06 MAURICE BLACKBURN Can I make a product liability claim? If you were injured by a faulty or unsafe product, you can make a claim if you can show that: the manufacturer or producer owed you a duty of care this duty was breached, by establishing that the manufacturer failed to do something it should have or did something it should not have, and this failure caused you to suffer an injury, which will need to be supported by medical evidence. This [settlement] is going to make such a huge difference. It takes a big weight off our shoulders. Public Liability Client You may also be entitled to a claim under the Trade Practices Act. Someone else s story Joe When Joe, aged 64, fell in a broken utilities pit he broke his leg. He required surgery on three occasions and missed six months of work. He received $120,000 in compensation. Hassan At 14 years of age, Hassan lost the sight in his right eye when he was pushed into a door during a poorly supervised soccer game. He received $220,000 in compensation. Chas Chas was enjoying a night out at the local hotel with friends when he was assaulted with a glass by a drunk patron, sustaining severe facial lacerations. He received $100,000 in compensation. Protecting your rights is our business At Maurice Blackburn, we are committed to getting a fair outcome for our clients so you can get on with your life without disadvantage. Our expert public liability lawyers provide a free first consultation and will fight to ensure you receive the best possible outcome, because we recognise that the compensation you receive is vital to ensuring quality of life for you and your family. If you would like to make an appointment please call From the very beginning, we fought for the rights of all Australians. We continue this tradition today.

7 CONTACT US If you are considering legal action or want to fight for your rights, get in touch and we can assess what you need or arrange for a meeting with one of our lawyers. For most practice areas, your first consultation is free (business hours) mauriceblackburn.com.au Public Liability & Faulty Products WorkCover Road Accident Injuries Medical Negligence Asbestos Diseases Superannuation & Insurance Claims Comcare Financial Advice Disputes Class Actions Social Justice Feel free to drop into our Adelaide office: Adelaide (08) King William Street Adelaide SA 5000

8 Maurice Blackburn is a leading Australian law firm certified to the international ISO 9001:2008 quality standard. Information correct at 1 April This brochure is a general guide to dealing with Public Liability & Faulty Products claims and is not a substitute for professional advice in this area. Maurice Blackburn is proud to be carbon neutral (see our website for details). This brochure is printed on ecostar Silk. Made with 100% certified post consumer waste fibre, it is produced with a carbon neutral manufacturing process and has been made in a facility that operates under the ISO Environmental Management System. MB4184_SAPL 04/15