An injury in a public place can have serious consequences beyond the immediate physical harm. Medical expenses, lost income and uncertainty about your legal options can place significant strain on you and your family.
Many people assume public liability claims in Australia only involve slips and falls in supermarkets. In fact, these claims can arise in many different situations when a person, business or public authority failed to take reasonable care and someone was injured as a result.
Injuries that occur in public places may give rise to a public liability claim. This can include accidents in shopping centres, parks, restaurants, schools, hospitals and other locations open to the public. Compensation may be available for medical expenses, lost earnings, care needs and pain and suffering.
This guide explains how public liability claims work, what needs to be proven and the steps involved in pursuing compensation after an injury in a public place.
Key Takeaways
- A public liability claim may arise when an injury is caused by another party’s negligence in a public or privately owned place
- These claims can involve shopping centres, restaurants, parks, footpaths, schools, hospitals, construction sites and other locations
- A successful claim requires evidence of duty of care, breach of duty, causation and loss
- Slip and fall compensation claims are common, but public liability law covers many other types of accidents
- Compensation may include medical expenses, loss of income, care needs, domestic assistance and non-economic loss where the legal requirements are met
- Evidence collected shortly after an incident can be important
- Strict time limits apply to personal injury claims, making it important to seek legal advice as early as possible
What Is a Public Liability Claim in Australia?
A public liability claim is a legal claim for compensation arising from an injury caused by the negligence of another person, business, organisation or public authority.
In New South Wales, these claims commonly arise when reasonable steps were not taken to take reasonable precautions to prevent a foreseeable risk of harm. The law does not require every accident to be prevented. However, people and organisations responsible for public spaces are expected to take reasonable care for the safety of those who use them.
For instance, a claim may arise when a shopping centre fails to respond to a known spill, a restaurant leaves a significant trip hazard unattended or a council fails to respond appropriately to a dangerous defect in a public footpath.
The facts in each case are different. An injury in itself does not guarantee that compensation will be available. Whether a claim can be brought will depend on the circumstances of the incident and the available evidence.
Who Has a Duty of Care in a Public Place?
Different parties may owe a duty of care depending on where and how the injury occurred. This can include:
- Shopping centre owners and operators
- Supermarkets and retail stores
- Restaurants, bars and entertainment venues
- Local councils and government authorities
- Schools and educational institutions
- Hospitals and healthcare facilities
- Sporting and recreational venues
- Property owners and occupiers
A duty of care requires reasonable steps to be taken to minimise foreseeable risks. What is considered reasonable will depend on the circumstances, including the nature of the hazard, the likelihood of injury and the practical measures available to reduce the risk.
Where Can a Public Liability Claim Occur?
Public liability claims can arise in various settings. The common factor is not the location itself, but whether another party failed to take reasonable care and whether that failure caused or contributed to the injury.
Shops, Supermarkets and Shopping Centres
Shops are one of the most common places for public liability claims. Customers go through these spaces expecting them to be reasonably safe, but accidents do happen when hazards are not recognised or rectified quickly enough.
Examples include wet floors, damaged flooring, loose floor coverings, falling stock, faulty trolleys, or obstructions left in walkways. The duration of the hazard prior to the incident could be an important element to consider. Spills that occur immediately before an accident may be distinguished from hazards that have been left unattended for a long time.
Parks, Footpaths and Council-Managed Spaces
Many of the public roads, footpaths and public spaces across New South Wales are the responsibility of local councils. Some injuries caused by dangerous footpath defects, damaged infrastructure or poorly maintained public areas may be grounds for a public liability claim.
In claims where the hazard is in an area managed by the council, evidence is needed to show what the council knew about the hazard, how long it had existed and whether reasonable steps were taken to address it.
Restaurants, Bars and Entertainment Venues
Restaurants, bars, clubs and entertainment venues also owe duties to patrons using their premises.
Claims may arise from slip hazards, inadequate lighting, unsafe stairways, broken furniture or other risks that were not properly managed. In some cases, CCTV footage, incident reports and witness statements can play an important role in establishing what occurred.
Schools, Hospitals and Government Buildings
Public liability claims may also arise in schools, hospitals and other government-operated facilities. These matters can involve visitors, patients, contractors or members of the public who have suffered injury because reasonable precautions were not taken.
The legal principles are broadly similar regardless of the location. The key question is whether a duty of care existed and whether that duty was breached.
Other Public Liability Claim Examples
Public liability claims are not limited to slips, trips and falls. They can also arise from injuries caused by animals, construction site accidents, boating accidents, school camp incidents, gas leaks, explosions and injuries suffered by subcontractors or self-employed workers in circumstances involving third-party negligence.
Do You Have a Valid Public Liability Claim?
Not every accident will result in a valid public liability claim.
A successful claim requires more than proof that an injury occurred. It must also be shown that another party was negligent and that the negligence caused the injury or contributed to it.
While every case is different, several questions commonly arise:
- Was a duty of care owed?
- Was there a foreseeable risk of harm?
- Were reasonable steps taken to address that risk?
- Did the breach of duty cause the injury?
- Has the injured person suffered loss as a result?
Evidence can be particularly important in answering these questions, such as photographs, CCTV footage, witness statements, incident reports, medical records and expert evidence.
Seeking legal advice right away may help preserve important evidence that might not remain available indefinitely.
What Can You Claim Compensation For?
The compensation available in a public liability claim will depend on the nature of the injury and its impact on your life.
Subject to the circumstances of the case, compensation may be available for:
- Past and future medical expenses
- Past and future loss of income
- Rehabilitation and treatment costs
- Domestic assistance and care needs
- Non-economic loss, including pain and suffering, where the legal requirements are satisfied
Every claim is assessed individually. The value of a claim will depend on factors such as the severity of the injury, recovery outcomes, ongoing symptoms and the effect the injury has had on employment and daily activities.
Slip and Fall Compensation Claims Explained
Slip and fall accidents can occur in shopping centres, supermarkets, restaurants, car parks, footpaths and many other places. Some falls lead to relatively minor injuries while others can lead to fractures, spinal injuries, head injuries and long recovery times.
What Do You Need to Prove for a Slip and Fall Claim?
To succeed in a slip and fall compensation claim, it is necessary to establish that another party failed to take reasonable care and that the failure caused or contributed to the accident.
For example, this may involve showing that a spill was left unattended, a trip hazard was not addressed or a dangerous condition existed for an unreasonable period of time.
Evidence collected shortly after the incident can be particularly valuable. Photographs of the hazard, details of witnesses and incident reports may assist in establishing how the accident occurred.
How Much Slip and Fall Compensation Can You Receive?
There is no standard amount payable for slip and fall compensation.
The outcome of each claim depends on its individual circumstances, including the severity of the injury, the treatment required, any ongoing impairment and the financial losses suffered.
For this reason, compensation figures discussed online should be treated with caution. What may be appropriate in one case may have little relevance to another.
How to Make a Public Liability Claim in Australia
The process of making a public liability claim usually begins with investigating how the accident occurred and gathering evidence about the injury.
This may include obtaining medical records, collecting witness statements, preserving photographs, reviewing CCTV footage and identifying the party responsible for the location where the incident occurred.
Many claims are resolved through negotiations with the insurer acting on behalf of the responsible party. In other cases, formal legal proceedings may be required if liability or the extent of the losses is disputed.
Time Limits for Public Liability Claims
Time limits apply to public liability claims in New South Wales.
For many personal injury claims in NSW, proceedings must be commenced within three years from the date the cause of action is discoverable, subject to a 12-year long-stop limitation period. However, limitation issues can be affected by the facts of the claim, the age of the injured person and other legal considerations.
Delaying legal advice can make it more difficult to gather evidence and protect legal rights. If you have been injured in a public place and believe negligence may have been involved, it is sensible to seek legal advice as soon as practicable.
When Should You Speak With a Lawyer?
It is common for people to question whether their situation is serious enough to warrant seeking legal advice. They may also feel they are not entitled to make a claim because they were partly to blame for the accident or because the incident happened some time ago.
Public liability law is a complex field, especially when there are liability issues or when vital evidence needs to be preserved. Getting legal advice early can give you a better understanding of your options and the evidence that may be required.
If you have been injured in a public place and think that the negligence of another party could have played a part in the incident, BPC’s public liability lawyers can review your circumstances and talk through your options. Speak with our compensation lawyers for an initial case appraisal.