You can make a public liability claim in Queensland when you are injured in a public or private place, and someone else is to blame. Even if you are partly at fault, you could still receive a public liability compensation payout.
Our public liability claims guide explains the claims process, barriers to success, and how to win when you have a valid claim.
Key Points
- To successfully make a public liability case, the injured person must prove the negligence of another party and establish their responsibility for a loss.
- An experienced public liability lawyer will help determine the responsible parties and negotiate a settlement with an insurance company.
- Compensation damages include economic and non-economic losses.
About Public Liability Compensation Claims
A public liability claim (also called an occupier’s liability claim) is the legal process by which someone who has suffered personal injuries or damage seeks compensation for their loss. The loss must be due to someone else’s negligence in a public space or private residence to have a valid claim. However, public liability law covers more than just where the accident happened. Hence, you can also claim product liability when a defective device or product injures you.
Winning a public liability compensation claim can be challenging because several liable parties may dispute responsibility for their negligence. In this case, you have the right to seek legal advice from a personal injury lawyer. Splatt Lawyers provides compensation legal services on a 100% no win, no fee basis. It’s free to know your rights. Call Now: 1800 700 125
Do I Have a Valid Claim?
What is Public Liability?
Owners of public or private spaces have a general duty to take reasonable steps to ensure the safety of their property users, which is known as public liability. Consequently, you can claim public liability compensation when they fail their duty of care, protected by the Civil Liability Act 2003. Hence, public liability covers a wide range of negligence claims.
Common public liability claims include:
- Accidents in supermarkets
- Slip, trip or fall
- Gym and sporting injuries
- Defective and faulty products
- Property owned by local councils
- Food poisoning
- Animal and dog attacks
- Transport accidents on ships, planes, and other commercial vessels
- Rental and other private property injuries
For this reason, most property owners have public liability insurance to safeguard their assets when the unexpected happens. When you have a successful personal injury claim, the public liability insurer funds your compensation payout.
Negligence and Liability
In this legal context, negligence refers to the failure to exercise due care that a reasonable person would have done under similar circumstances. When this negligent behaviour harms another person in a public place, the injured person can recover compensation by making a public liability claim.
For example, government bodies, such as local councils, are legally obligated to ensure the safety of their premises for those using them.
In the following section of our public liability claims guide, we’ll look at how to know if you can make a claim.
Eligibility to Make a Public Liability Claim
In Queensland, there are three essential criteria to be eligible to make a public liability claim.
- A person must have suffered an injury or damage.
- Another party’s negligence must have caused the injury.
- The claimant must have suffered a loss as a result of the injury.
Personal Injury Damages
Any physical injury or psychological harm brought on by the breach of another party’s duty of care qualifies as a personal injury for a compensation claim. For an approved personal injury claim, damages can be awarded for past and future economic and non-economic losses, including:
- Lost income and superannuation
- Past and future medical expenses
- Travel-related medical and rehabilitation costs
- Cost of domestic care
- Pain and suffering
- Lost quality of life
- Other out-of-pocket expenses
Negligence of Another Party
The second criterion is another party’s negligent behaviour, meaning an accident or injury caused by someone else’s negligence can qualify for a public liability claim.
For example, if a supermarket fails to promptly clean up a spill and a customer slips and falls, the property owner’s negligence can be held accountable.
Suffered A Loss
Finally, to qualify for a public liability claim, the claimant must prove the financial loss linked to the physical injury or mental health condition. So, you must keep records of all medical evidence and expenses related to the injury to help establish your case.
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Public Liability Claim Process: Step-by-Step
The public liability claims process is like a four-course meal, starting with
- Consulting a public liability lawyer
- Gathering all the evidence
- Identifying the responsible parties
- Lodge a public liability claim
- Negotiating a settlement with a public liability insurance company
Each step is vital to ensuring a successful claim.
Consulting with a Personal Injury Lawyer
Winning a public liability claim is difficult because insurance companies constantly seek to reduce their liability or deny your case. Additionally, there can be more than one negligent party, each disputing their responsibility level. Consequently, your best chance of claiming compensation is to seek guidance from experienced lawyers. A public liability lawyer will explain how to gather the necessary evidence to prove your injury was due to someone else’s negligence.
The team at Splatt Lawyers works with the guidance of an accredited specialist in personal injury law, Kerry Splatt. Furthermore, our public liability lawyers provide compensation legal services on a 100% no win, no fee basis. It’s free to know where you stand, so call now: 1800 700 125
Gather Evidence
One of the most vital steps to a successful public liability claim is to gather compelling evidence. Documentation like medical treatment records, accident reports, photographs or videos of the accident scene, and witness statements. You will also need an accurately completed claim form and, in some cases, an independent medical examination.
Experienced lawyers can assist in gathering the proof needed to back up a valid claim.
Identifying the Responsible Parties
The next stage in the claims process is deciding the responsible parties. This means determining who is in charge of the area, building, or facility where the accident occurred. It could be a landlord, shopping centre manager, building manager, corporate body, or local council.
Lodge a public liability claim
Once a personal injury lawyer has prepared your case and statement of damages, it’s time to lodge your public liability claim with the insurance company.
Negotiating with Insurers
The final step is negotiating fair compensation with the public liability insurer. This typically involves the following:
- Negotiation and settlement discussions
- Evaluation of claims
- Assessment of heads of damages
- Facilitating a settlement payout
The goal is to reach a fair settlement between the responsible parties.
Strict Time Limits for Public Liability Claims
Knowing the strict time limits that apply when you have a valid public liability claim is essential. Missing your time limit generally means being blocked from claiming compensation. In Queensland, a general limitation period of three years from the accident date applies to lodging a personal injury claim.
However, the exact time frame can depend on your unique circumstances, so it’s best to seek legal advice immediately. If you miss your time limit, our public liability lawyers will advise if you qualify for an exemption or extension.
Additionally, early lodgement is the best approach for a positive result. Insurance companies often question why you waited so long to commence proceedings, increasing their chance of denying your case.
How Much Compensation for Public Liability Claims?
You will want to know the value of your compensation payout when you win a public liability claim. In Australia, settlement for personal injuries is calculated using “heads of damages,” which consist of general and economic damages. Each element serves a unique purpose in calculating the lump sum amount, ensuring fair compensation for your loss.
Economic Damages
Economic damages cover the financial losses incurred as a result of the accident. These can include:
- Medical bills, including future treatment costs
- Lost wages and superannuation, including future losses.
- Cost of home care and domestic assistance
- Treatment-related travel costs
- Other out-of-pocket expenses
Hence, it’s essential to keep a comprehensive record of all expenses related to the injury to ensure they are included in your final compensation payout.
General Damages (Pain and Suffering)
In contrast, non-economic damages are more abstract since they compensate for accident-related pain, suffering, and emotional distress. Since non-economic damages don’t have a set monetary value and depend on how much your personal injuries have affected your life, quantifying them is difficult.
Public Liability Claim Payouts
In Queensland, the compensation payout you receive for a successful public liability claim is determined by the severity of the injuries sustained. This calculation uses an Injury Scale Value between 0 and 100. A medical assessment and the court process determine your ISV value.
For example:
- An ISV of 0 means you have completely healed with no long-term harm.
- An ISV of 100 is a severe injury like significant brain damage or permanent paralysis.
As a general guide, a public liability payout in Queensland could range from $8,900 for a mild injury to $436,100 for significant damage.
What is my claim worth?
Legal Advice for Public Liability Compensation
In Queensland, you have the right to seek legal guidance before making a public liability claim. Splatt’s public liability lawyers will explain the following:
- How to navigate complex legal processes
- How personal injury law applies to your situation
- How to build a compelling case and complete an accurate claim form
- How to negotiate a fair settlement with the public liability insurer
- How to avoid costly court proceedings
Splatt Lawyers provides advice for people injured by negligence in a public space or by a faulty product. Selecting our Queensland law firm for guidance means accessing our 100% no win, no fee funding. Pay no upfront costs or legal fees until you win and zero if you lose.
It’s free for our personal injury lawyers to advise if you have a valid claim and how much compensation you might receive by Calling 1800 700 125 or using our free online claim check form>
Common Barriers to a Successful Public Liability Claim
In Australia, there are common barriers to winning public liability claims. Some frequent challenges include:
- Proving someone was negligent
- Dealing with large insurers who want to deny or reduce your claim
- Managing uninsured or uncooperative defendants
Each challenge requires a unique approach and an effective strategy to achieve a successful public liability claim.
Proving Negligence
Winning negligence claims relies on proving someone else’s negligence by showing they failed their duty of care by not taking reasonable steps to ensure the injured person’s safety. To prove negligence, you need compelling evidence, like:
- Witness statements
- Photos and videos of the accident scene
- Copies of the accident, ambulance and police reports
- Medical evidence
- Independent medical examinations (in some cases)
These documents help establish a clear connection between the other party’s actions (or inaction) and the claimant’s injury.
Negotiating with Insurers
When you win a negligence claim, the insurance company is liable to fund your compensation payout. Unsurprisingly, they will seek any opportunity to reduce payouts or reject claims. The team at Splatt Lawyers regularly negotiates settlements with all the leading public liability insurers and knows their tactics for minimising responsibility.
Uninsured or Uncooperative Defendants
Dealing with uninsured or uncooperative defendants can make the claim process more challenging. If you hope to pursue a settlement, you must employ different tactics in these situations. This could involve exploring other avenues for compensation, like finding other liable parties or insurers.
Public Liability Claim Examples
Although there are many circumstances in which someone can fail their duty of care, a common public liability claim examples in Queensland include:
- Slip-and-fall accidents
- Faulty products
- Injuries sustained on private properties.
Slip and Fall Accidents
Imagine you’re out shopping for groceries. You’re walking down an aisle when suddenly, you slip and fall on a spilled liquid or slippery floor. Such a slip and fall accident could result in a public liability claim if the supermarket’s negligence in failing to maintain safe floors caused your fall and subsequent injury.
Injuries on Private Property
Now, picture visiting a friend’s house for a barbecue. You trip over a broken step on their porch and suffer an injury. Your friend’s negligence in failing to repair the broken step could result in a public liability claim. In this situation, you could seek compensation from the property owner’s insurance for your loss.
Alternatively, your landlord has failed to maintain your rental property safely. In this case, you could sue your landlord’s insurer.
Faulty and Defective Products
In Australia, you can make a product liability claim when an unsafe product harms you. Manufacturers and suppliers have a general duty to ensure the safety of their merchandise. This obligation extends to various products, like cars, household appliances, medical devices and implants, medication, gym equipment, toys and much more.
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Public Liability Compensation Claim FAQs
What are the most common public liability claims in Australia?
In Australia, the most common public liability claims happen in a public or private place and include:
• Trips, slips and falls
• Defective products
• Hit by a falling object
• Rental property injuries
• Playground accidents
How long does a public liability claim take to payout?
A public liability claim typically takes between 12 and 18 months to settle. How long it takes depends on the severity of injuries, case complexity, and payout size. That’s because insurance companies usually fight harder against more significant settlements.
What is the common law of public liability?
Public liability law states that people or entities can be held liable if they have breached their duty of care and caused harm to another person or their property.
What is a public liability claim?
Public liability claims are the legal process of seeking compensation for people who have suffered injury or damage due to another party’s negligence in public or private spaces.
Who can make a public liability claim?
Generally speaking, you can make a public liability claim when you suffer an injury or damage due to someone else’s negligence, either:
- In a public space
- On council or privately-owned property
- By a defective product
What types of damages can be claimed against public liability insurance?
When you win a public liability claim, you can seek damages for economic losses and non-economic losses, including pain and suffering.
What if I have a public liability accident at work?
Public liability claims don’t apply to slip and fall accidents at work. Hence, when your employer fails to take reasonable care of your safety, you make a workers’ compensation claim. You don’t need to prove who was to blame to receive workers’ compensation benefits.