Posted on 13 Dec 2024
Staying safe this Summer: Understanding public liability risks and your rights
By Slater and Gordon
When you think of Australian summer, you might think of beach days, BBQs, and festivals to enjoy the weather with friends and family.
However, summer injuries are on the rise in Australia, particularly transport-related injuries, weather-related injuries and drownings. This is alongside increased foot traffic and larger crowds flooding public spaces like beaches and shopping centres.
This summer, it’s important to be mindful of what steps to take if you find yourself injured.
What is public liability?
Public liability law addresses the duty of care that businesses, governments, and property owners have to ensure the safety of the public when using their premises or spaces.
While ‘public’ is in the name, you don’t technically need to be injured in a public place to meet the definition of public liability. Although this can occur in a public place, such as a swimming pool or shopping centre, public liability injuries can also occur in private dwellings such as rental properties or even an Air BnB.
Proving fault is key in public liability claims. In other words, you need to prove that another party, such as the company who owns a store or the landlord who owns the property, failed to take reasonable steps to ensure the space was safe and an injury could be reasonably prevented.
It’s important to note that you can still make a claim even if you were partly at fault.
Common summer public liability claims
Public liability covers a range of injuries and there are a few common areas to keep in mind this summer:
Property owners and occupiers have a duty of care to tenants and visitors, which is why most occupiers and homeowners have public liability insurance. This is particularly important in summer with an increase in Air BnBs, house parties and also at caravan parks. Injuries that can occur on a private property include:
- Falling down faulty steps
- Dog bites
- Tripping on damaged front or rear paths
- Slips and cuts in poorly maintained pools
The owners and operators of these popular summer activities are responsible for ensuring the safety of visitors. Common risks include faulty rides or equipment, slippery surfaces near water attractions, inadequate crowd management, and poorly maintained pathways or stairs, all of which can lead to serious injuries.
High foot traffic and frequent activity during summer sales can increase the likelihood of hazards such as wet floors, misplaced items, or faulty escalators, all of which can lead to slips, trips, or falls. Crowded car parks during the holiday season is a common hazard.
With Australians flocking to summer sports like cricket and tennis, stadium operators must ensure a safe environment for spectators. Common risks include uneven seating, slippery walkways, and poorly maintained facilities. Part of your ticket fee often contributes to the venue’s public liability insurance, which covers injuries caused by hazards.
Popular outdoor spots during summer can present risks such as uneven terrain, damaged facilities like playgrounds or picnic tables, and poorly marked hazards in swimming areas. Councils and other authorities are responsible for maintaining public spaces to prevent injuries.
We are the original No Win, No Fee* lawyers. This means that if you don’t win you don’t pay the fees for the work we do on your case.
*For full T&Cs on No Win - No Fee, click here.
What are the types of compensation I can receive?
Making a public liability claim is the first step to your recovery, as compensation can help provide:
- Payments for lost wages
- Compensation for loss of future earnings
- Payments for medical expenses
- Compensation for pain and suffering
As time limits vary between states and territories, it’s essential to act quickly to help ensure you receive any entitlements you are owed.
What should I do if I think I have a public liability claim?
If you believe you may have a public liability claim, seeking legal advice early is important to protect your rights.
Our experienced public liability lawyers will guide you through the process, ensuring it’s as straightforward as possible. We’ll explain your options, assess your claim, and provide clarity on your potential compensation entitlements.
Navigating a claim can feel overwhelming, but you don’t have to do it alone.
Check if you have a Public Liability claim
It doesn’t hurt to ask. Find out if you’re eligible for a public liability claim in just 3 minutes.
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.
