Q & A - Public Liability – Group and Large Organised Gatherings

This year it is our turn to hold a BBQ in our premises for our neighbours - we will have about 100 or so guests with quite a few children. I'm worried that whilst the adults are drinking that they won't be keeping an eye on their children. If anything happens whilst they are on our premises can they sue my husband and I for Public Liability or should I get something in writing from a lawyer that we are not liable if anything happens?

The area of public liability refers to circumstances where a person suffers injury or death because of the fault of another person’s negligence or failure to take a reasonable amount of care. The term “public liability” means accidents that occur in or around homes, business and public places.

Public liability accidents include slips and falls in public places, accidents in local parks, sporting accidents, animal attacks, injuries caused by defective products and injuries caused by domestic accidents where a person is injured at your house.

In New South Wales most home and contents insurance policies will include a component of public liability insurance to cover the homeowner in the event that somebody is injured at their home and makes a claim for compensation for their injuries.

If you are having a large BBQ it would be worthwhile to check with your insurer to make sure that your home and contents insurance includes cover for any public liability claims. In the event that someone is injured at the BBQ as a result of your negligence or failure to take reasonable care than you will be covered by this insurance. Any successful claim for public liability compensation must show that the injury was the result of somebody else’s negligence. An example could be your husband throwing oil on the BBQ to get it going and a neighbour standing next to the BBQ suffers burns as a result of his actions.

If you do not have insurance and a claim is made against you for compensation from an injury sustained at your BBQ than you will be liable to pay the compensation to the injured person. This compensation can include payment of the person’s medical and rehabilitation expenses, loss of wages and income resulting from the accident and compensation for the personal injury and any property damage. If the person suffers a severe injury they may also be entitled to receive compensation for their pain and suffering arising from the injury.

At Walker Legal, our experienced Compensation Lawyers keep up-to-date on what's happening in the public liability compensation law area.

We act with knowledge and expertise to help people injured in public accidents or those who have lost loved ones in public accidents.

Call us to today on 1800 445 537 or email Steve Walker at sw@walkerlegal.com.au.

 

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