You can be eligible to 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 be eligible for a public liability compensation payout.
Our public liability claims guide explains the claims process and what you must prove 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 can help determine the responsible parties and explain how to negotiate a settlement with the liable 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 can seek compensation for their loss. To have a valid claim, the loss must result from someone else’s negligence, either in a public space or private residence. However, public liability law covers more than just where the accident happened. Hence, you can also claim product liability when injured by a defective device or product.
In Queensland, it can be challenging to have a successful public liability compensation claim because there may be several liable parties, each disputing their level of liability. In this situation, you can seek legal advice from a personal injury lawyer regarding your rights.
Splatt Lawyers provides compensation legal services on a 100% no-win, no-fee basis. Pay when you win and zero if you lose. It’s free to know your legal options. Call 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 liable public liability insurer funds the 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 the people who use them.
In the following section of our public liability claims guide, we examine how to 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 financial loss as a result of the injury.
Personal Injury Damages
Any physical injury or psychological harm caused by the breach of another party’s duty of care can qualify 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, the supermarket may be held liable when they fail to promptly clean up a spill and a customer slips and falls.
Suffered A Loss
Finally, to qualify for a public liability claim, the claimant must prove a 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 a case.
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Public Liability Claim Process: Step-by-Step
The public liability claims process is like a five-course meal, starting with
- Seeking advice from 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 a successful outcome.
Seeking advice from a Personal Injury Lawyer
Having an approved public liability claim can be challenging because insurance companies often seek to reduce their liability or deny a case. Additionally, more than one negligent party can be involved, each disputing their responsibility level. However, an experienced public liability lawyer can explain how to gather the necessary evidence to prove an 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 if you have a valid case and your options. Call 1800 700 125
Gather Evidence
One of the 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 explain the required evidence that supports 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. The person could be a landlord, shopping centre manager, building manager, corporate body, or local council.
Lodge a public liability claim
Next, you lodge a public liability claim with the insurance company. A personal injury lawyer understands the process of preparing a statement of damages.
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
A mediated settlement aims to reach a fair settlement between the responsible parties.
Strict Time Limits for Public Liability Claims
There are strict time limits to lodge a public liability claim. Missing the time limit generally means being blocked from claiming compensation. In Queensland, the general limitation periods for lodging a personal injury claim are:
• Three years from the accident date
• Within one month of speaking with a lawyer about making a claim
- To avoid complications with the insurer, a claim should be lodged once a claimant has decided to proceed
- If you miss your time limit, a public liability lawyer can advise if you qualify for an exemption or extension.
Splatt Lawyers provides a free case review, including the time limits that apply to your circumstances. Call 1800 700 125
How Much Compensation for Public Liability Claims?
The value of a compensation payout for an approved public liability claim is determined by legislation and your unique circumstances. In Australia, personal injury settlements are calculated using “heads of damages,” including general (non-economic) and economic damages. Each element serves a unique purpose in calculating the lump sum amount to ensure fair compensation for a 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 reimbursed in a 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. It is challenging to calculate non-economic damages because they don’t have a set monetary value and depend on how much a personal injury has impacted your life.
Public Liability Claim Payouts
In Queensland, the compensation payout for a successful public liability claim is determined by the severity of injuries. One component of a payout is pain and suffering, which is calculated using Injury Scale Values (ISV), which range between 1 and 100. A medical assessment will usually determine your ISV value.
For example:
- An ISV of 0 means you have have a very minor injury.
- An ISV of 100 is for the most severe injuries, such as significant brain damage or permanent paralysis.
QLD Civil Liability Legislation determines the payout amounts for the ISV. Many injuries fall between an ISV of 5 and 20, and the Legislation states that for those ISVs, the range of compensation is $9,300 to $47,600. The maximum compensation payout for pain and suffering in 2025 is $456,950.
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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 can advise on the following:
- The legal process
- How personal injury law applies to your situation
- What you must prove and how to complete an accurate claim form
- The process of negotiate a fair settlement with the public liability insurer
- How to achieve a mediated settlement and avoid costly court proceedings
Splatt Lawyers can provide free initial legal advice to people injured by negligence in a public space or by a faulty product. Our Queensland law firm provides legal services on a 100% no-win, no-fee basis. Pay when you win and zero if you lose.
During a free case review, our personal injury lawyer can advise if you have a valid claim and an estimated settlement value. Call 1800 700 125
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Common Barriers to a Successful Public Liability Claim
In Australia, there are common barriers to approved public liability claims. Some frequent challenges include:
- Proving someone was negligent
- Dealing with large insurers who want to deny or reduce a 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
Approved negligence claims depend 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 have a valid negligence claim, an insurance company is liable to fund a compensation payout. Unsurprisingly, they will seek any opportunity to reduce payouts or reject claims. Experienced public liability lawyers regularly deal with insurance companies and can provide advice regarding the tactics they use to limit their responsibilities.
Uninsured or Uncooperative Defendants
Dealing with uninsured or uncooperative defendants can make the claim process more challenging. In this situation,
it may be appropriate to use a different approach. 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, common public liability claim examples in Queensland include:
- Slip-and-fall accidents
- Faulty products
- Injuries sustained on private properties.
Slip and Fall Accidents
One example of a public liability claim is a slip and fall on a spilled liquid or slippery floor when shopping for groceries. 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 a fall and subsequent injury.
Injuries on Private Property
Another example is tripping over a broken step on a friend’s porch and being injured. Your friend’s negligence in failing to repair the broken step could result in a public liability claim. In this situation, the injured party could seek compensation from the property owner’s insurance for their loss.
Alternatively, a landlord has failed to maintain a rental property safely. In this case, an injured person could sue the landlord’s insurer (depending on the circumstances).
Faulty and Defective Products
In Australia, you could be eligible to make a product liability claim when harmed by an unsafe product. 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 settles in 12 to 18 months, depending on the severity of injuries, case complexity, and payout size. 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?
A damages payout for a public liability claim includes payments for economic 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 could make a workers’ compensation claim. You don’t need to prove who was to blame to receive workers’ compensation benefits.