Secure Compensation Claims in Sydney with Trusted Public Liability Lawyers
A slip, trip or fall can happen anywhere, including shops, footpaths, rental properties or public spaces, but not every incident leads to a claim. For a public liability claim to arise, there must be a failure to take reasonable care, and that failure must cause injury.
These claims are referred to as public liability or occupier’s liability. They both deal with situations where a person, business or authority is responsible for maintaining a safe environment for others.
Public liability claims in NSW can be fact-specific and could require early investigation, particularly when evidence needs to be preserved or when liability is disputed.
Common Public Liability Accidents and Injuries
Public liability claims in Sydney arise from a wide range of incidents where unsafe conditions or failures to take reasonable care lead to injury. Some common examples include:
- Slip and fall injuries in supermarkets or shopping centres due to wet floors or uncleaned spills
- Trip hazards on footpaths or in public areas caused by uneven surfaces or poor maintenance
- Falls in rental properties due to unsafe structures, faulty fixtures or inadequate repairs
- Injuries in hotels, bars or nightclubs involving hazards such as broken flooring, poor lighting or overcrowding
- Accidents at entertainment or sporting venues due to inadequate crowd control or unsafe access areas
- Falls or injuries on public transport, such as buses or trains, during sudden movement or unsafe boarding conditions
- Dog attacks or animal-related injuries in public or private spaces
- Injuries at schools or childcare settings where supervision or safety measures may be inadequate
- Accidents in gyms involving faulty equipment or unsafe premises
- Boating or recreational incidents where safety obligations have not been met
What Public Liability Lawyers Can Do For You
If you have been injured on someone else’s premises, public liability lawyers in NSW can assist you in understanding your position and the steps available under the law.
A public liability lawyer will usually begin by assessing whether a duty of care existed, whether it has been breached and whether that breach caused your injury. This involves reviewing how the incident occurred, the condition of the premises and any available evidence.
Public liability claim lawyers can also assist with gathering and preserving evidence, including incident reports, medical records and, if available, CCTV footage. The initial steps are important, as conditions can change and evidence may no longer be available.
If a public liability claim proceeds, your lawyer can manage communication with the insurer or legal representatives for the owner or occupier. This includes preparing and serving a notice of claim, responding to insurer enquiries and advising on any settlement discussions.
Each matter will depend on its own facts, and outcomes cannot be guaranteed. The focus is on providing clear advice, managing the process and ensuring your claim is properly prepared.
How Public Liability Claims Are Managed
When a public liability claim is made, the process typically involves the owner or occupier of the property, and more commonly their insurer, responding to the claim.
Public liability lawyers in Sydney assist by preparing and advancing the claim on your behalf. This includes:
- Assessing the value of your public liability claim based on your injuries, treatment and any impact on your income
- Preparing and serving a formal claim on the responsible party or their insurer
- Managing responses from the insurer, including any requests for further information or medical assessment
- Advising on settlement offers and whether they are appropriate in your circumstances
If a public liability claim does not get resolved through negotiation, court proceedings may be required. In these situations, your lawyer will guide you through the process and prepare the matter for determination.
Each claim will depend on the available evidence and the insurer’s position. Public liability lawyers focus on ensuring the claim is properly prepared and supported in line with the relevant legal requirements.
What Public Liability Compensation Can I Claim in Sydney?
If a public liability claim is successful, compensation is intended to address the impact of the injury on your health, work and daily life. The types of compensation available will depend on the circumstances of your claim and the severity of your injuries.
Public liability claim lawyers in Sydney commonly advise on claims that include:
- Medical and treatment expenses: This can include hospital treatment, specialist consultations, rehabilitation and ongoing care needs.
- Loss of income and reduced earning capacity: If your injury has affected your ability to work, you may be able to claim past income loss and, in some cases, future loss of earning capacity.
- Pain and suffering (non-economic loss): Compensation may be available if the injuries meet certain thresholds and have a significant impact on your quality of life.
- Domestic assistance and care: This may include support with daily tasks such as cleaning, cooking or personal care when you are unable to manage these independently.
- Out-of-pocket expenses: Costs related to your injury, including travel for treatment or medication, can also form part of a public liability claim.
Our Process
Understanding how a public liability claim progresses can make the process feel more manageable. Public liability lawyers in Sydney will guide you through each stage, from initial assessment through to resolution.
Initial Consultation and Claim Assessment
The first step is to understand how the incident occurred and whether a public liability claim may be available. This involves reviewing the circumstances of the injury, identifying who may be responsible and considering whether a duty of care was breached.
At this stage, seeking advice right away can help clarify your position and ensure important evidence is identified as soon as possible.
Evidence Gathering and Claim Preparation
If a claim proceeds, your lawyer will begin gathering and preserving evidence to support your case. This includes medical records, incident reports, witness statements and, if any, CCTV footage.
A formal claim is then prepared and served on the responsible party or their insurer. For a step-by-step overview, you can read more about the public liability claim process.
Negotiation and Resolution
Once the claim is underway, the insurer will assess liability and the value of the claim. This stage could involve requests for further information, medical assessments and settlement discussions.
If the matter cannot be resolved through negotiation, court proceedings may be required. Your lawyer will guide you through this process and advise you on the appropriate course of action based on your individual circumstances.
Are There Time Limits for Public Liability Claims?
In New South Wales, strict time limits apply to public liability claims. Generally, you have three years from the date of the incident to commence a claim.
There are some exceptions, but they are limited and depend on the specific circumstances. For this reason, it is important to seek advice early rather than rely on an extension being available.
Key considerations include:
- The three-year limitation period generally runs from the date of injury
- Delays can make it harder to obtain evidence, including CCTV footage and witness accounts
- Seeking advice immediately allows a public liability lawyer to assess your claim and take steps to preserve relevant evidence
Public liability lawyers in Sydney will usually recommend acting as soon as possible after an incident to ensure your position is protected.
Frequently Asked Questions
Public liability refers to the legal responsibility of individuals, businesses or organisations to ensure the safety of others who visit or use their premises or services. If someone is injured due to negligence in maintaining a safe environment, the responsible party can be held liable. This can include incidents in shopping centres, parks, restaurants or any public space.
In most public liability claims, compensation is paid by the insurer of the person, business, government body or organisation responsible for the incident, not the individual themselves.
Public liability lawyers will usually deal directly with the insurer on your behalf. This includes managing communication, responding to requests and progressing the public liability claim according to the appropriate procedures.
Insurance-based compensation refers to claims managed under an insurance policy held by the responsible party. The insurer assesses liability and may negotiate a settlement based on the available evidence.
Common law compensation, on the other hand, involves establishing negligence through the legal system. This requires proving that a duty of care was owed, that it was breached and that the breach caused your injury.
Duty of care is a legal obligation to take reasonable steps to avoid causing harm to others.
In a public liability claim, this duty can apply to property owners, businesses, councils or other organisations responsible for maintaining a safe environment. For example, a supermarket may have a duty to address hazards such as spills, while a council may be responsible for maintaining safe public footpaths.
To succeed in a public liability claim, it must be shown that a duty of care existed, that it was breached and that the breach caused the injury.
Not all the time. Many public liability claims are settled out of court through negotiations with the responsible party’s insurance company.
Costs vary depending on the lawyer and the specifics of your claim. Many public liability lawyers in Sydney, including our public liability lawyers at BPC, work on a ‘no win, no fee’ basis. This means you don’t pay legal fees unless your claim is successful.
Talk to Public Liability Solicitors in Sydney
If you would like to discuss a public liability claim, you can contact our team for guidance based on your individual circumstances.
You can call us on (02) 8280 6900 or visit our office at 18/201 Elizabeth Street, Sydney NSW 2000, as shown on the map below.
Our Public Liability Lawyers
Find out more about our team of experienced public liability lawyers.
Industry Awards:
BPC is recognised by the Doyles Guide in the area of public liability:
- Leading Public Liability Compensation Law Firm (Plaintiff) – New South Wales, 2015-2025;
Courtenay Poulden
- Leading Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2021-2025;
- Recommended Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2020;
- Leading Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2016-2019.
Scott Hall-Johnston
- Preeminent Lawyer – Leading Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2022-2025;
- Leading Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2020-2021;
- Recommended Public Liability Compensation Lawyer (Plaintiff) – NSW, 2016
Mark Nelson
- Preeminent Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2020-2025;
- Leading Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2016-2019
Kate Henderson
- Recommended Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2018-2025;
- Leading Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2017
Tim Driscoll
- Recommended Public Liability Compensation Lawyers (Plaintiff) – New South Wales, 2023 – 2025;












