Public Place Claims
11. Liability of Respondents
Firm / Chambers:
Last updated: 25 Aug 2015
- A significant amount of time may pass before you feel like there is any progress in your claim. This is a normal part of any claim process. You need to check the law in your state or territory for deadlines relating to each part of the claim procedure.
- The respondent should provide a written communication or response to you confirming whether it accepts or denies liability for the circumstances of the accident. For example in Queensland the respondent needs to provide a liability response within 6 months from receipt of the notice of claim. That means the respondent needs to admit or deny that it was at fault for the accident occurring.
- It is quite common for a respondent to deny liability particularly if they are a large company or insurance company. This does not mean that you will not receive compensation or that your claim is over however it is a standard response to a personal injuries claim. The respondent is entitled to put you through your paces and prove that your injury is the result of their actions or negligence.
- As the respondent to the claim you will have to go through the same fact finding exercise as the claimant. You will need to obtain information or evidence about the accident, the claimant’s injury and the alleged loss and damage.
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