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Premises Liability Law in Sydney, Australia pertains to accidents and injuries that occur due to potentially hazardous conditions on someone else's property. This may include a wide range of situations, from slip and falls in a supermarket, to accidents at a construction site. Both property owners and occupants have a duty of care to ensure that the premise is safe for visitors. If this duty of care is breached and results in an injury, then legal action may be taken under Premises Liability Law.
In premises liability cases, it can be challenging to prove that a property owner or occupant was negligent or failed to meet their duty of care. Moreover, the level of care that a property owner owes to a visitor can shift based on whether the visitor is categorized as an invitee, licensee, or a trespasser. Understanding and presenting this can be complex and often requires legal expertise. Hence, if you have suffered an injury on someone else's property in Sydney, you may need a lawyer to help you navigate through the premises liability laws and to mount an effective case.
The key aspect of the local premises liability laws in Sydney, Australia is the occupiers’ liability. Under the 'Civil Liability Act 2002 (NSW)', the duty of care of an occupier extends to taking reasonable care to prevent any foreseeable risk of harm to visitors. Furthermore, if the property is used for business, then the occupier can be held liable for any harm caused by unsafe conditions at the workplace under the 'Work Health and Safety Act 2011.'
The compensation can cover past and future medical expenses, loss of earning capacity, psychological harm, pain and suffering, and legal costs.
Generally, you have three years from the date of the accident to bring a premises liability claim in Sydney.
If you were partially at fault, you can still make a claim but your compensation might be reduced based on your contributory negligence.
Yes, premises liability laws apply to both private and public properties.
Yes, if the property is used for business and you suffer an injury due to unsafe conditions at your workplace, you can make a claim under premises liability laws.
SafeWork NSW, New South Wales Law Reform Commission, and Law Access NSW are some additional resources where you can find more information about premises liabilities laws and occupational health and safety.
If you need legal assistance in a premises liability case, first gather all relevant evidence including photographs of the accident site, medical reports, and witness statements. Then, consider reaching out to a lawyer with expertise in premises liability law in Sydney. They will be able to provide you with legal advice tailored to your situation and can guide you through the process of filing a claim.
