Getting injured because of someone else's carelessness is stressful enough without having to figure out your legal rights on top of it. Public liability is the area of law that covers this situation. Businesses, landlords, councils, and organisations all have a legal responsibility to keep the people around them safe. When they fail to do that and someone gets hurt, they can be held responsible.
Public liability claims don’t just cover accidents and injuries that happen in “public” places like shopping centres, car parks or council buildings. It also includes injuries that happen on private properties, businesses and rental properties. Public liability claims can cover medical bills, lost income, and ongoing care costs, among other things.
Learn more about public liability claims and how to make a claim if you become injured.
Claims process
Each claim is unique but here are some general steps you can expect:
Check if you have a claim
We can help you understand your rights, what your options are and if you have a viable claim. If you’re injured on the road, it’s likely not a public liability claim. But if you’re injured in a car park due to a hazard or someone’s negligence, that could fall under public liability. You can check your eligibility by:
Starting your free claim check online
Submitting an enquiry form
Calling 1800 444 141
In your obligation free initial appointment, your lawyer will learn more about your accident from you and then give you the advice you need to choose the best way forward.
We gather evidence
We’ll gather evidence (photos, witness details, incident reports, medical records), obtain reports, organise meetings and appointments, and more. This is how we prepare the strongest case possible for you.
Lodge a claim
Your lawyer usually sends a formal claim to the insurer, with evidence of what happened and your losses.
Settle your claim
We’ll help support you at every step of your journey to get you the compensation you deserve. If your claim is successful, we’ll process your payment. In the rare event you need to go to court, we’ll help represent you.
What to do after an accident
If someone is in immediate danger, call Triple 000. If you’re injured, seek medical attention as soon as possible (GP, urgent care, or the hospital).
Keep all medical records and receipts. As soon as you can (or have someone do it), gather:
Photos and/or video of the scene (hazard, signage, lighting, where you fell, surrounding area)
Witness details (names, phone numbers, statements)
A written timeline of events (what happened, what you were doing, weather conditions if relevant)
Incident report number if one exists
Receipts for costs (medication, physio, transport, lost wages)
Reporting early is important if you later decide to make a public liability claim. Identify who’s responsible for the venue or activity. Ask them to log the incident formally and provide an incident report number
Healing from an injury is difficult enough. Working with a lawyer means you have someone on your side managing the complexities of the process, gathering your evidence and advocating on your behalf with the insurers.
Frequently asked questions
Most public liability injury claims in Australia must start within about 3 years.
Children, people with disabilities, and some types of claims can have different rules or time limits, so it’s important to seek advice so you don’t miss any deadlines.
Compensation in a public liability claim is not fixed and can vary depending on the severity of your injuries. Other things that also impact your compensation payout are:
Your age, work history and future earning capacity
Your current and future medical needs
How much the injury affects your daily life and enjoyment of activities.
A person, business or organisation that owed you a duty of care and failed to do so may be held liable.
This can include:
Property owners and occupiers (restaurants, supermarkets, pubs)
Local councils or public authorities
Event organisers (concerts, festivals, markets)
Contractors or maintenance companies (cleaning companies, security companies)
Public services or transport operations
Manufacturers or suppliers (defective products or equipment)
There are key elements to proving negligence and liability:
Duty of care: the person or organisation responsible owed you a duty to take reasonable steps to prevent harm.
Breach: they failed to prevent harm because they didn’t do maintenance or failed to assess hazards.
Causation: their failure directly caused your injury.
Damage: you suffered actual harm because of this negligence.
You usually need:
Details of the accident: date, time, place, what happened
Photos or video of the hazard, scene and injuries
Names and contacts of any witnesses
Incident reports or complaint emails
Medical records
Proof of lost income
Any evidence the hazard existed before (prior complaints, photos)
You should ask for the decision in writing and the reasons why your claim is rejected or delayed. You may also need to provide additional evidence to support your claim. If necessary, you could consider escalating via dispute processes (internal complaint, then external avenues if available). It may be worth seeking legal advice if your injuries are severe or your claim is disputed or the amount offered is inadequate.
Your lawyer can respond with more evidence, obtain expert reports, and try to negotiate. If the dispute continues, they may start court proceedings so a judge can decide.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.