Public Place Claims
5. Information for Respondents
Firm / Chambers:
Last updated: 25 Aug 2015
- The other party to the claim is typically the owner or occupier of the property where a claimant was injured however it might also be a third party such as a contractor who was working at the place where the injury occurred who somehow contributed to the circumstances of the accident.
- If you are the person against whom the claim is being made you will be referred to as the 'respondent.’ You should check whether you have public liability insurance or other types of insurance such as home and contents insurance for a private residence. These types of policies may cover public place claims and pay compensation on your behalf so that you are not personally liable to pay compensation to the claimant.
- If you do have a relevant insurance policy then you need to contact your insurer and advise them of the circumstances of the accident. You should provide them with as much information as possible. The insurance company will most likely step in and conduct the defence of the claim on your behalf including all investigations and any settlement negotiations or civil litigation.
- If you do not have an insurance policy in place then you will need to defend the claim personally. You can do this yourself or you can engage a lawyer to act on your behalf. Public place claims can be lengthy and expensive. If you are pursued personally for causing another person’s injury you will need to consider how you will defend the claim.
- This may involve proving that you were not at fault or negligent for the claimant’s injury. If you are at fault you need to be in a position to pay the claimant’s compensation. This can be thousands of dollars if not hundreds of thousands of dollars.
- If you do not have the money to pay compensation the claimant can ultimately seek a court order to garnish your wages or have you sell off assets such as your car, house or investment properties. It is very important that you are aware of the process and how to defend a claim.
- Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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