If you’ve been injured in a public space that wasn’t properly maintained, you might be wondering whether you can make a public liability claim. It could have been a slippery floor in a supermarket, an uneven footpath, or a faulty staircase in a shopping centre that caused the fall. Regardless of the situation, this article will walk you through what public liability claims are, who is eligible, and how to navigate the process.
What Are Public Liability Claims?
A public liability claim is a legal process where an injured person seeks compensation for an accident that happened in a public or privately owned space due to someone else’s negligence. These spaces might include shops, restaurants, gyms, parks, or even footpaths managed by local councils or businesses. The key factor is when someone responsible for the area failed to take reasonable steps to ensure it was safe.
Public Liability Claims Examples
Here are a few common examples to illustrate when someone might be eligible to make a public liability claim:
- Slipping on a wet supermarket floor without any warning signs.
- Tripping over a loose tile or uneven surface in a shopping centre or office building.
- Injury caused by falling signage or fixtures in a retail store.
- Getting hurt in a gym due to faulty equipment or poor supervision.
- Children injured in unsafe playgrounds managed by local councils.
In each of these cases, the injured person may be entitled to compensation if it can be shown that the accident occurred due to negligence.
Do I Have a Valid Public Liability Claim?
If you are unsure whether your situation qualifies, ask yourself:
- Was someone responsible for keeping the area safe?
- Did they fail to meet that responsibility?
- Were you injured as a result?
- Can you prove it happened (e.g., photos, witnesses, medical records)?
Even if you are not certain, speaking to a legal professional helps clarify your options.
What Is the Difference Between Personal Injury and Public Liability?
This is a common question. While personal injury is a broad term that covers any injury caused by someone else’s fault (like car accidents, workplace injuries, or medical negligence), public liability is a type of personal injury that happens specifically in public or shared spaces.
Think of it this way:
- Personal injury = umbrella term for all injury-related claims.
- Public liability = specific to injuries in public or private spaces.
How Much Compensation Can I Receive?
One of the first questions people ask after an accident is, “How much compensation am I entitled to?” And while there’s no fixed number, understanding the factors that influence your claim can help set realistic expectations.
Compensation for public liability claims is designed to help you recover physically, financially and emotionally from the incident. The amount you may receive depends on several key elements:
- The Severity of Your Injury
The more serious your injury, the higher your potential compensation. A minor sprain or cut might lead to a smaller payout compared to a broken bone, head injury, or long-term condition. Medical records, specialist reports, and recovery timelines all help paint a picture of how the injury has impacted your life.
Queensland utilises the Injury Scale Value system to assess injury severity, assigning a numerical value from 0 (minor injuries) to 100 (catastrophic injuries). This value directly influences the compensation amount, with higher ISVs corresponding to greater compensation.
- Time Off Work or Loss of Income
If your injury forced you to take time off work , or worse, affected your ability to return at all, you may be entitled to claim for lost wages. This also applies if you’ve had to change jobs, reduce your hours, or if your future earning capacity has been impacted. Financial documentation and payslips are often used to calculate these losses.
- Medical Expenses
This includes both immediate costs (like ambulance rides, emergency treatment, or X-rays) and ongoing medical bills such as physiotherapy, specialist consultations, surgeries, and medications. Even travel to and from appointments can sometimes be included.
- Ongoing Care or Rehabilitation Costs
In more serious cases, you may require long-term support, including in-home care, rehabilitation programs, mobility aids, or modifications to your home. These expenses can add up quickly and are taken into account when determining your compensation.
- Emotional and Psychological Impact
Injuries don’t just affect the body, they can take a toll on your mental health, too. Anxiety, depression, PTSD, or a fear of returning to public spaces are very real consequences. Compensation can cover psychological trauma and emotional distress, especially when backed by professional diagnoses or therapy records.
Every public liability claim is unique, and that’s why it’s important to get tailored advice from a legal expert. They’ll help you assess your situation, gather the right evidence, and advocate for a fair outcome that reflects the full impact of your injury.
There is no one-size-fits-all figure, but a legal expert can help you estimate based on past cases and your circumstances.
What’s the Process of Making a Claim?
If you’ve never made a legal claim before, the idea of starting one can feel overwhelming, but it doesn’t have to be. The public liability claim process is designed to help you seek justice and financial relief without adding more stress to your situation. While every case is unique, here’s a more detailed look at how the process usually unfolds:
1. Seek Medical Attention and Document Your Injury
Your health comes first. If you’re injured in a public space, see a doctor or go to the hospital as soon as possible. Even if the injury seems minor at first, it’s important to get checked out. Medical records will serve as crucial evidence and help show the severity and timeline of your injury and compensation.
2. Gather Evidence
Evidence helps prove that your injury was caused by someone else’s negligence. Try to collect the following (or ask a friend or family member to help if you’re unable):
- Photos or videos of the scene where the injury happened
- Witness contact details
- Any written incident reports (e.g. from a store manager or council worker)
- Receipts or records of medical expenses
The more detailed your documentation, the stronger your case will be.
3. Contact a Lawyer Who Specialises in Public Liability Claims
Not all lawyers handle personal injury or public liability claims, so it’s important to find someone with experience in this specific area. Most offer a free initial consultation, where they’ll assess whether you have a valid claim. Many also operate on a No Win, No Fee basis, meaning you don’t pay unless your claim is successful.
4. Investigation and Assessment of Your Claim
Once your lawyer agrees to take on your public liability claim, the next step is to build a strong case on your behalf. This phase is critical, it is where your legal team gathers all the facts, evidence, and expert opinions needed to prove not only what happened, but how it has impacted your life.
Here’s a breakdown of what this typically involves:
Requesting Footage (If Available)
If your accident occurred in a place with security cameras like a supermarket, shopping centre, or car park, your lawyer would act quickly to request the footage. Footage can provide clear visual evidence of the incident, how it happened, and whether there were any visible hazards (like a wet floor or broken pavement). Since footage is often deleted after a short period, timing is key.
Interviewing Witnesses
Statements from people who saw the accident can make a huge difference in strengthening your claim. Witnesses can help confirm important details, such as whether staff were notified of the hazard, how quickly help arrived, or whether proper warning signs were missing. Your lawyer will gather contact details and conduct interviews in a way that supports your case while staying legally sound.
Reviewing Medical Reports
Your medical records provide the foundation for showing the extent of your injuries. Your lawyer will review reports from your GP, hospital, and any specialists you’ve seen. These documents can help demonstrate the seriousness of your injury, the treatment you’ve received, and your expected recovery time. If you’re undergoing ongoing treatment, these records will also help estimate future medical costs.
Consulting Independent Experts
In some cases, your lawyer might consult with medical, psychological, or financial experts. These professionals provide independent assessments of your injury and its long-term effects. For example, a specialist might estimate how much time you’ll need off work or whether you’ll require rehabilitation, therapy, or permanent care. This helps put a fair dollar value on the full impact of the injury, now and into the future.
Looking at the Full Picture
Your lawyer will consider how the injury has affected every part of your life:
- Physically: Have you lost mobility? Are you in pain? Will you need surgery or physiotherapy?
- Emotionally: Have you experienced anxiety, depression, or trauma as a result of the accident?
- Financially: Have you missed work, lost income, or faced unexpected medical bills?
All of this information is used to build a complete, evidence-backed claim that accurately reflects your situation. This step lays the groundwork for negotiating fair compensation so you’re not left covering the costs of someone else’s mistake.
5. Negotiation With the Responsible Party or Insurer
In most cases, your lawyer will first try to resolve the matter out of court by negotiating with the responsible party’s insurer. This stage can involve back-and-forth offers as both sides try to reach a fair settlement. Your lawyer will advocate for your best interests and keep you informed every step of the way.
If a fair settlement can’t be reached through negotiation, your case may proceed to court. While this can sound daunting, your lawyer will guide you through the process and represent you in court. Many cases are resolved before they get to this point, but if a trial is necessary, it’s usually because you deserve more than what’s being offered.
How Long Does It Take?
In Queensland, the process and timelines for initiating a public liability claim are governed by the Personal Injuries Proceedings Act 2002 (Qld). This legislation outlines specific time limits and procedural steps to ensure that claims are addressed appropriately.
The duration of a public liability claim depends on the complexity of the case, the severity of the injury, and how cooperative the other party is.
Key Time Limits for Public Liability Claims:
Notice of Claim:
A claimant must provide a Notice of Claim to the alleged responsible party within either nine months from the date of the incident causing the injury or one month from the date of instructing a lawyer to act on their behalf, whichever is earlier.
If this notice is not provided within the specified timeframe, the claimant must offer a reasonable explanation for the delay.
Commencement of Legal Proceedings:
Legal action must be initiated within three years from the date of the incident.
Failure to commence proceedings within this period typically results in the claim being barred, meaning the claimant loses the right to pursue legal action.
Exceptions and Considerations:
Minors and Incapacitated Persons: Special provisions exist for individuals under 18 years old or those who are legally incapacitated. In such cases, the limitation period may be extended, and the three-year period generally begins when the individual turns 18 or regains capacity.
Extension of Time: In exceptional circumstances, courts may grant an extension of the limitation period. However, these extensions are not guaranteed, and applicants must demonstrate a valid reason for the delay.
Your lawyer can give you a clearer timeline once they understand your specific circumstances.
What If I’m a Business Owner or Property Manager?
If you run a business or manage any type of public space, whether it’s a café, retail shop, gym, event venue, or even a shared office, you have a legal duty of care to ensure your premises are safe for customers, clients, and the general public. If someone gets injured due to negligence, you could be liable for damages under public liability law.
Here’s what you need to know:
Is Public Liability Insurance Mandatory in Queensland?
While not legally mandatory for all businesses, public liability insurance is strongly recommended and in some cases, required. For example:
Tradespeople and contractors often need it to work on building sites. Hospitality venues, like bars and restaurants, may need it to obtain or maintain licenses. Event organisers and market stallholders are typically required by venues or councils to have coverage before they can operate.
In short: If your business involves physical interaction with the public or third parties, public liability insurance is a must-have.
What Types of Businesses Are Most at Risk?
Certain businesses carry a higher risk of public liability claims due to their nature or environment:
- Retail stores and shopping centres: due to slippery floors, tripping hazards, or overcrowding.
- Gyms and fitness centres: where faulty equipment or unsafe conditions could cause injury.
- Cafés and restaurants: spills, burns, or broken furniture can quickly lead to accidents.
- Construction and trade services: where tools, debris, or scaffolding can pose risks to passers-by.
- Childcare and educational facilities: where safety obligations are even higher.
What to Do If You Receive a Public Liability Claim
- Act fast: Time is critical when responding to a claim.
- Notify your insurer immediately: They will guide you through the next steps.
- Seek legal advice: A lawyer can help you understand your rights and responsibilities, and how best to handle the situation to protect your business.
Public liability claims are about accountability and support, ensuring people injured in preventable accidents receive fair compensation. Understanding your rights and responsibilities is key If you’re considering making a public liability claim. Don’t hesitate to reach out for professional advice. It might be the first step toward peace of mind and recovery.