Injuries can happen anywhere, and public spaces are no exception. Whether it’s a dodgy footpath, a fallen tree, or a slippery floor at your local pool, the consequences can impact your health, livelihood, and day-to-day life.
Local councils have a legal responsibility to maintain these spaces and keep them safe. This is known as their duty of care.
If you’ve been injured in a public place or on council-owned property, you may be entitled to compensation and benefits. Our expert public liability lawyers can help you access the compensation needed for your recovery.
What is a public space?
Public spaces are areas intended for recreational or community use, such as parks, shopping centres, beaches, streets, and libraries. These places are generally open to the public and used by a wide range of people every day.
They are often owned or managed by local councils who have a legal responsibility to ensure they are safe and well maintained. Its also worth noting that council may have contracted works to another person or company who might assume all or part of the responsibility to ensure another person’s safety. When hazards are left unaddressed, councils may be held liable if someone is injured as a result.
Do I need a public liability lawyer?
Public liability laws are complex and vary between states and territories. While it’s possible to represent yourself, having an experienced lawyer on your side can make a significant difference, particularly when navigating strict time limits and legal requirements. It can also directly affect the outcome of your case and the compensation you may receive.
A public liability lawyer can challenge insurer decisions, deal with opposing counsel, and represent you in court if needed. If your case progresses, you’ll benefit from expert guidance and a clear strategy built on years of experience.
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.
Common public liability claims in public places
- Tripping on a faulty footpath
- Injured on a bikepath
- Slipping around a poorly maintained pool area
- Injured while playing sport at a council-owned oval
- Attacked by a dog at a local park
- Struck by falling objects (e.g. construction equipment, unsecured signage, or fallen trees.
- Tripping or falling into maintenance holes without proper signage
- Falling and being injured from poorly maintained playground equipment
We are the original No Win, No Fee* Public liability lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Your entitlements
- Medical expenses for treatment and ongoing care
- Care and support from family or friends you would otherwise have paid for
- Loss of past and future earnings
- Loss of ability to care for dependants
- Pain and suffering, including loss of enjoyment of life due to physical or psychological injury
Injury claims on public land vs. private property
Public liability laws differ depending on whether the injury occurred on public or private land.
Public land
Public land includes spaces like parks, footpaths, and streets. These areas are usually managed by local councils, who have a legal duty to keep them safe. Sometimes, councils engage contractors to carry out maintenance or repairs. If a contractor's negligence causes an injury, they may be held partly or fully responsible.
Private property
Private property is land or premises owned by an individual, business or organisation, such as a home, shop, or rental property. If you're injured on private property because the owner didn’t take reasonable steps to keep it safe, you may be able to make a public liability claim.
Standard of care
The standard of care owed by the person or organisation responsible can vary depending on the type of property and how the incident happened. These details are important when working out who’s at fault and what compensation you may be entitled to.
Knowing who owns the land is key to understanding who may be responsible for your injury and how to take the next step.
What to expect
We’ve supported thousands of Australians navigate their public liability claims and we understand how overwhelming the process can feel.
When you work with us, you’re not doing it alone. We'll guide you through every step of the journey and focus on securing you the best outcome, so you can focus on your recovery.
Making a public liability claim can seem daunting, but it doesn’t need to be. In your obligation free initial appointment, your lawyer will hear you out, outline your options, and provide clear advice on the best way forward.
We’ll collect everything needed to support your claim, including reports, witness statements, income details, and medical records. In other words, we’ll handle the paperwork.
We’ll organise an independent medical assessment to help determine your potential entitlements to pain and suffering damages, future treatment, and loss of income.
Most claims settle through negotiation. If your case goes to court, you’ll have expert legal representation and a specialist barrister if needed.
How we can help
We’re here to support you through every step of your public liability claim. From your initial obligation free appointment, we’ll provide upfront legal advice about your entitlements and take the pressure off so you can focus on recovery.
Our team includes lawyers across the country who understand the specific laws and time limits in each state and territory, ensuring you’re well represented in any council area.
We offer flexible appointment options, including phone or video consultations, or hospital visits if you can’t travel. You’ll be supported by a dedicated team of legal professionals, with access to our free social work services to help you manage the broader impacts of your injury.
To see if you’re eligible for a claim, try our free online claim check. If you have a claim, a lawyer of your choosing can help you take the next step towards recovery.
We understand that there may be circumstances where you may not be able to travel. We
have offices nationwide. We’ll make sure we can get to you.
We've been representing injured people for over 85 years. We are efficient, know the system and are confident we can help you. The legal team looking after your claim will include your lawyer, legal assistants and some of the most highly trained support staff in the industry.
We understand that seeking compensation is only one aspect of your journey after a life-changing accident. We know you need support, and we help provide it where you need it.
Frequently asked questions
In Australia, you typically have three years to make a public liability claim. It’s important to act quickly to avoid missing any deadlines.
Minors or persons under a legal disability have six years to make a claim.
Each compensation claim is unique, so it’s important to speak with a public liability lawyer as soon as possible who can help you understand the specific timeframes for your case.
Councils may be legally responsible if their negligence causes or contributes to an injury. This can include ignoring known hazards, failing to follow safety procedures, poorly maintaining facilities, or breaching Australia Standards.
However, proving liability is not always straightforward. It depends on the specific circumstances and whether the council failed to take reasonable steps to prevent harm.
Proving liability requires gathering evidence to show that the injury was caused by another person or party’s negligence, such as a local council, or by unsafe conditions. This may include witness statements, photographs of the scene, medical reports, or records showing safety protocols were not followed.
To ensure your case is handled properly, it’s essential to speak with an experienced public liability lawyer who can guide you through the legal process and help gather the necessary evidence to support your claim.
Public liability laws vary across states and territories. Our expert lawyers are based around the country and ready to guide you through the process, no matter where your injury occurred. Give us a call to find out how we can help.
Compensation for injuries on council land is usually paid by the insurer representing the local council or relevant government body responsible for that public space.
While each public liability case is different, it usually takes 12-18 months for the average claim from start to finish. However, this is a general estimate, as some claims can progress much quicker.
We introduced No Win No Fee to Australia back in 1994 so that more people could afford access to high-quality legal services. To put it simply, if we don't win your claim, you won't be charged for the work we do on your case, and public liability claims are no exception.
For the full terms and conditions view our No Win No Fee policy.
If you’re injured in a public place, taking the right steps early on can help protect your rights, so be sure to:
- Seek medical attention: see a doctor as soon as possible, even if your injury seems minor.
- Take photographs: take clear photos of the exact location, including anything that contributed to your injury, such as a broken footpath, wet floor, or poor lighting.
- Report the incident: notify the local council or property owner responsible for the area where the injury occurred.
- Measure the defect: if you were injured due to something like a raised footpath or uneven tile, try to measure the height and width of the hazard.
- Get legal advice: speak with a public liability lawyer as soon as possible. They can help you understand your rights and whether you may be entitled to compensation.
