QLD Public Liability Claim Lawyers Brisbane

Our Brisbane public liability lawyers provide QLD-wide legal assistance for public injury claims on a 100% no-win, no-fee basis. If you are injured in a public place, on private property, or by a defective product, you could have the right to claim public liability compensation.

That’s when the premises liability lawyers at our Brisbane law firm can explain your rights and entitlements under Queensland public liability laws.

Obligation-Free Initial Consultation for Public Liability Injuries

If you are injured in a public or private space due to someone else’s negligence, our public liability lawyers offer an obligation-free initial consultation that can explain your eligibility to seek compensation.

Pay when you win and nothing if you lose. It’s our no-financial-risk guarantee. It’s free to know where you stand. Call 1800 700 125

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Your Right to Make a Public Liability Insurance Claim

In Queensland, most public liability claims are covered by the Personal Injuries Proceedings Act 2002 (PIPA) and the Civil Liability Act 2003. These legislative Acts protect the legal rights of a person injured on privately owned property or in a public space. Depending on how the injury occurred, workers’ compensation or a CTP claim may cover you.

When a negligent party causes physical or psychological injury, they can be found legally liable for common-law damages. In such cases, you can make a public liability compensation claim against the liable insurance company.

Our public liability lawyers can advise you on your right to make a public liability claim for free. Answer a few questions in our free online assessment or get a free claim check by phone:  Call 1800 700 125

Experienced Public Liability Solicitors

An experienced public liability lawyer can provide legal representation and explain the legal process.

How Much Compensation for Public Place Injuries?

Public liability damages include compensation for past and future costs, considering the following:

  • Pain and suffering
  • Loss of enjoyment of life
  • Lost income and superannuation
  • Past and future medical expenses, including future treatment costs
  • Failure of the ability to care for your dependents
  • The cost of domestic assistance, including future care needs
  1. Your unique circumstances determine the value of negligence claims. How your injury has impacted your life is crucial when calculating past and future losses.
  2. This process requires expert evidence and witness statements (if available) to substantiate your damages.

Our QLD public liability lawyers offer a free case assessment to explain your rights and options.

All our legal fees and costs are covered by our 100% no-win, no-fee, no-risk guarantee. Call 1800 700 125

100% No Win No Fee Lawyers for Common Law Claims

Our 100% no-win, no-fee lawyers offer a no-financial-risk guarantee for public injury claims. We cover all professional fees and disbursement costs until settlement.

The no-win, no-fee arrangement means clients only pay legal fees if their claim is successful, reducing the financial risk of pursuing a public liability claim. Our no-fee policy means the following:

  • It’s free to start
  • There are no legal fees or costs until settlement.
  • Pay when you win and zero if you lose
  • We fund your reports and assessments until you win.
  • We can cover some medical expenses rehab costs (for eligible clients)

A Splatt public liability lawyer can explain our cost agreement, which outlines our 100% no-win, no-fee policy, during a free case assessment. It’s also free to understand your options and whether you have a valid case. 

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Who funds a public liability compensation claim?

In Queensland, any business that occupies property must carry public liability insurance. This mandatory requirement includes:

  • City councils
  • Public and private property owners
  • Product manufacturers.
  • Public transport providers
  • Theme parks, gyms and sporting venues
  • Shopping centres and retail outlets
  • Rented private residences

Consequently, when something goes wrong, a public liability claim is lodged with the insurance company providing public liability cover for the venue or property where the accident occurred.

Public liability law covers a diverse range of circumstances where someone could have an accident, be injured, or acquire an illness or psychological injury due to another party’s failure of duty of care.

Examples of public liability claims include sporting injuries and bicycle accidents not caused by a motor vehicle. Other examples include the following:

If you have experienced an injury, illness, or mental health disorder due to an incident covered by public liability insurance, we recommend that you:

  • Visit a doctor for medical treatment and explain how the injury occurred
  • Keep copies of your medical reports and receipts
  • Also, keep records of lost income
  • Report your accident in writing to the applicable authorities and keep copies of emails and documents
  • Take photos of your physical injuries and the place where the incident occurred
  • Seek legal advice because there are tight time limits for personal injury claims in Queensland.

Eligibility to make a public liability claim depends on how the incident occurred and who was responsible, so every case is different. Here are some examples of when you can’t lodge a claim.

  • You cannot establish negligence (no one failed their duty of care)
  • You didn’t take reasonable care for your own safety (you were mostly responsible for the accident)
  • There was an obvious risk
  • The liable party took reasonable safety precautions
  • They also had reasonable maintenance procedures that were being followed
  • Local councils have some legal protections, so it can be more difficult to take legal action against them
  • If you caused the accident and there was no breach of duty, there is no basis for a public liability claim.
  • You started legal action after the time limit had expired.

It can be challenging to know if you have a valid public liability claim because there are multiple factors that determine eligibility. Our liability lawyers offer an obligation-free initial consultation to explain if you qualify.

Most public liability claims are resolved within 12 to 18 months with complex and catastrophic cases taking several years.

QLD Accredited Specialist Public Liability Lawyers

Our public liability lawyers work with the guidance of Kerry Splatt, a Queensland Law Society Accredited Specialist Personal Injury Lawyer. As our Principal Lawyer, he has a deep understanding of the legal process for compensation claims.

  • Insurance companies typically seek to limit their liability for personal injuries.
  • An experienced solicitor understands how insurers limit their liability to pay for public liability claims.
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Strict Time Limits for Public Liability Insurance Claims

Strict time limits apply to public liability claims in Queensland.  You can be blocked from seeking compensation if you miss the date to commence legal action. Hence, you should gather evidence immediately if you have had an accident and acquired an illness, injury, or mental health condition.

Splatt Lawyers provides free initial legal advice, including the time limit that applies to your case. Call 1800 700 125

What is Public Liability Law in Australia?

  • According to the Civil Liability Act 2003, Individuals, businesses, and organisations have a duty of care to ensure the safety of all people in their spaces, including private property and publicly owned areas such as parks and footpaths.
  • In Australia, the term duty of care refers to a legal obligation to exercise reasonable care to avoid causing harm to others when the harm is reasonably foreseeable.
  • Public liability law typically covers accidents that happen other than in a motor vehicle or at work.

In such cases, the negligent party can be liable when the unexpected happens and you suffer a physical or psychological injury. This duty of care extends to:

  • Product manufacturers
  • Publicly owned spaces
  • Private premises
  • Retail outlets injuries
  • Private buildings and property owners, including rental premises.

If you have been injured in a public place because someone breached their duty of care, your injury typically falls under public liability law, and you could be eligible to make a personal injury claim.

Claiming Compensation for Public Place Injuries in QLD

For Queensland residents seeking to claim compensation for injury in a public or private place, the procedural obligations for this are outlined by the Personal Injuries Proceedings Act 2002 (QLD).

PIPA legislation determines the statutory time limits for:

  • Making a claim
  • The pre-court process
  • And the type of compensation you can claim for your condition.

PIPA QLD safeguards the long-term sustainability of injury compensation for all Queenslanders.

The Public Liability Claim Process Explained

The steps of the legal process for claiming public liability compensation are as follows:

1. Seek Legal Advice

An experienced public liability solicitor can explain your rights and advise if you have a valid claim.

2. Gather Evidence

A good lawyer would explain the need to act quickly to secure evidence, such as visiting the accident scene or obtaining CCTV footage. This evidence helps prove how the injury occurred and who was responsible.

3. Medical Reports

Expert medical assessments are an important part of the claims process, used to understand the nature, extent, and long-term impact of injuries, and are typically conducted after injuries have stabilised.

4. Lodge a Public Liability Claim

After the claim form is completed, a compensation claim is lodged with the applicable public liability insurance company.

5. Negotiate a Settlement

  • Most Queensland public liability claims are settled by mediation, avoiding expensive court litigation.
  • Accepting an early low-ball offer from an insurer may cause you to lose the right to future compensation.

Motor Vehicle Accidents

On the road, everyone has a duty of care to keep each other safe. However, public liability law does not apply if you acquire an injury from a road accident.

Instead, see our section on motor vehicle accident lawyers.

Workers Compensation Claims

Generally, workplace accidents are not covered by public liability insurance. That’s because your employer is responsible for your safety, so these injuries fall under Workcover insurance.

If you have a work-related slip and fall, you may be eligible to make a workers’ compensation claim.

 

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Legal Representation from a Brisbane Public Liability Lawyer

Making a public liability claim can be challenging. Insurance companies generally don’t enjoy making a lump sum payment for personal injuries and will try to dispute liability. However, a personal injury lawyer with knowledge of the public liability compensation claim process understands their techniques.

Splatt Lawyers provides 100% no-win, no-fee legal services to residents Queensland-wide, which means you pay when you win and zero if you lose. It’s free to be sure. Call 1800 700 125

Find Public Liability Lawyers Near Me

Splatt Lawyers provides legal insight to people injured in a public place accident from ten QLD-wide locations.

Public Liability Compensation Claim FAQs

What is a public liability claim?

A public liability claim is a type of legal action that seeks compensation for public liability injuries caused by negligence. Such claims could be a result of an accident in a public place like sporting injuries, bicycle accidents, slip and falls, or even injuries caused by playground equipment that was not properly maintained.

  • The law of tort has a branch called ‘public liability’, which protects the rights of an injured person in many circumstances.
  • Particularly when a person, business or organisation has failed to take reasonable steps to stop a foreseeable accident.

To succeed in a public liability claim, you need to prove that you acquired your injuries because of the negligence of another party or occupier and that they failed their duty of care.

Splatt’s public liability solicitors offer a free legal claim review to help you understand your legal position.

Our 100% no-win, no-fee lawyers provide legal representation with a no-financial-risk guarantee, which means you only pay legal fees and costs if you win a common law claim.

No Win No Fee agreements are designed to ensure that individuals can pursue their legal rights without the burden of upfront costs, as legal fees are only payable upon a successful outcome.

Queensland also has the 50/50 rule, which caps professional fees for personal injury claims at 50% (found in Section 347 of the Legal Professions Act 2007).

This rule does not mean you will pay half the settlement value as their fee. It simply means that legal fees are based on the hours of work required to resolve a claim.

You won’t receive money from the public liability insurer to fund your medical treatment or recovery costs while your claim progresses. However, these costs will be included in a settlement once you reach a successful outcome.

A basic understanding of the claim process can help make a successful public liability claim. The steps of a personal injury claim (regardless of its type) are generally the same and depend on:

  • Proof of injuries sustained due to negligence
  • And the associated financial loss.

Here are the steps:

  1. Collect evidence of the accident, including video, CCTV footage, photos of the accident scene, and witness statements.
  2. Get medical evidence: a doctor or medical specialist will assess your injuries and provide a report, including x-rays and other medical imaging.
  3. Identify the negligent party. The negligent party’s public liability insurer is responsible for paying common law damages, so knowing who is to blame is crucial. Note: there may be multiple liable parties.
  4. Lodge a public liability claim: when the insurance company accepts your claim, you could receive fair compensation.
  5. Court action if required: Most personal injury claims are settled without court litigation, saving you time and money.

Public liability law covers injuries on public property or in private homes, such as:

  1. Rental property, animal attacks, physical assault, and excessive force
  2. Physical or psychological harm caused by sporting and recreational activities, such as theme parks, wave pools, and sporting field activities, is also included.
  3. Food poisoning

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