Public Liability Claims

Public liability claims are claims for compensation for injuries which occur due to the negligence of another party. One of the most common types of public liability claims are ‘trip and fall’ injuries but there are many other incidents which will qualify for claiming compensation against the negligent party.

Who can claim public liability compensation in Queensland?

Injuries eligible for a public liability claim may have occurred in a public setting, including on private property where the public have access. On many occasions, public places and events will have an insurance policy which covers these types of injuries.

Some examples of public liability claims include:

• slip and fall claims;
• accidents in shopping centres, supermarkets etc;
• injuries in rental properties, including holiday homes;
• dog attacks;
• injuries at schools;
• injuries in playgrounds;
• injuries through recreational activities (eg, skydiving);
• injuries at clubs and other institutions like scouts and school holiday camps;
• injuries on council property; and
• injuries in other public places.

What is negligence and why do you have to prove this in a public liability claim?

In order to bring a successful public liability claim, you must prove that the person you are bringing the claim against caused the injury due to their negligence.

Negligence is a breach of duty of care. A duty of care is an obligation on the part of the owner or occupier to take care of and look after the people in that public place. A breach or failure to meet a duty of care is usually where someone does something which causes the injury or fails to do something to prevent the injury.

What information do I need to begin a public liability claim?

When making a public liability claim, the following information is particularly helpful:

• the time and place of the injuries;
• information about how the injuries occurred;
• details (names and contact details) of any witnesses who saw the injuries occur;
• pictures, and video where possible, of the location where the injuries occurred (including at the time of the injuries or shortly after the injuries occurs);
• medical records related to the injuries.

We recommend you also keep your own notes (like a diary) of the incident including who you told and when you told them. You can then call on these notes, which will likely be more accurate than relying on your memory, at a future time if needed.

What compensation is available in a public liability claim?

There is a wide variety of things which a person can be compensated for in a public liability claim, including:

• compensation for the pain and suffering caused by the injuries;
• loss of income or earning capacity (known as economic loss);
• medical expenses;
• travel to and from medical expenses;
• paid care; and
• where applicable, gratuitous care (or in other words care provided for free, usually by friends and family).

What time limits apply to public liability claims?

The time limit for a claim for compensation for any personal injury, including public liability is three years from the date of the injury.

There are limited circumstances where a claim can be lodged “out of time”. You should seek legal advice immediately if your claim is out of time.

How can IM Lawyers help with your public liability claim?

IM Lawyers are highly experienced in personal injury and public liability claims. Our lawyers can be the expert you need to provide advice and assistance to recover compensation after suffering an injury in a public place.