Injured because someone else may have been negligent?
If you were hurt in a public place, in a shop, at a venue or on someone else's property, a public liability claim may be possible. It depends on whether someone who owed you a duty of care failed to meet it.
Public liability is the area of law that deals with injuries caused by someone else's negligence outside of the road and workplace schemes. In simple terms, people and organisations that control a place or an activity are generally expected to take reasonable care so that others are not injured.
Importantly, not every accident results in compensation. An injury alone is not enough — it usually needs to be shown that a person or business owed you a duty of care, that they failed to take reasonable care, and that this failure caused your injury.
Situations that may involve a public liability claim
- Slips, trips and falls in shopping centres, supermarkets or car parks
- Injuries caused by poorly maintained footpaths, stairs or flooring
- Injuries at pubs, clubs, gyms, events or recreational facilities
- Injuries in rental properties or on private premises
- Dog attacks and other animal-related injuries
- Injuries caused by faulty products or unsafe equipment
Each of these depends on its own facts. Two similar-looking falls can have very different outcomes depending on what the occupier knew, what systems they had in place and what evidence exists.
Evidence often matters most in these claims
Photographs of the hazard, incident report numbers, witness details and the footwear you were wearing can all become important. If you can, gather these early — but if you couldn't at the time, that doesn't necessarily end a claim.
What a claim may cover
- Pain, suffering and the effect of the injury on your life
- Past and future loss of income and superannuation
- Medical, treatment and rehabilitation costs
- Care and assistance you have required
- Other out-of-pocket expenses related to the injury
What you should do next
- Get medical treatment and make sure your injuries are documented.
- Report the incident to the business, venue or property owner and ask for a copy.
- Take photographs of the location and hazard if it is safe to do so.
- Write down what happened while it's fresh, including names of witnesses.
- Get advice before speaking at length with an insurer.
Key considerations
Time limits
Public liability claims involve notice requirements and limitation periods that can be strict, and they vary depending on the circumstances. See our time limits page and contact us early.
Honest assessment
If we don't think a claim is likely to succeed, we'll tell you. That's usually more useful than a claim that goes nowhere.
Common questions
Draft content: this page is general information only and requires review and approval by Andrews Injury & TPD before publication. It is not legal advice.
Hurt in a public place? Tell us what happened.
We'll listen to what happened, assess your situation and explain your options.