Public liability and personal responsibility

Similar stories in professional indemnity and medical indemnity insurance are common.

Australia cannot afford the American culture of ‘sue first, ask questions later’.

My parliamentary colleague, Senator Helen Coonan, is holding a national summit later this month that aims to help the states solve the public liability crises. Issues that might be discussed are no-fault accident compensation schemes, much like in New Zealand. Capping payouts, as some have suggested, is a limited solution. Public liability claims have ballooned in number but not size.

Governments can do all they want to minimise risk through better work practices but ultimately Australians want to be active, preferably outdoors.

We do not want litigation to make us a country where the riskiest thing we do all day is switch on the PlayStation after work.

Ultimately, there is something wrong with our legal system when falling off a chair at home is an accident, yet falling off a chair in a shopping mall is an opportunity to sue for millions. In other words, personal responsibility in life does not end when we walk out the front gate at home.

We need to accept that some accidents do happen. But closing down small businesses like Wendy Fulwood’s horse riding school is an accident we must avoid.