Public Liability Claims – What You Need to Know

Every day, people go about their business without giving much thought to their safety – until an unexpected accident happens.

As a compensation lawyer Aspley, we’ve seen how quickly a slip, trip, or other incident in a public place can change someone’s life.

When an injury occurs because another party failed to take reasonable care, you may be entitled to make a public liability claim.

What is a Public Liability Claim?

A public liability claim is a type of personal injury claim made when you are injured in a public or private space due to the negligence of an occupier, business, or other party.

These claims are generally brought under the Civil Liability Act 2003 (Qld) and can cover a wide range of situations, including:

• Slips or trips in supermarkets, shopping centres, or restaurants.
• Injuries at sporting events, concerts, or festivals.
• Falls caused by poorly maintained footpaths or council-managed areas.
• Accidents in rental properties due to unsafe conditions.

The key element in any public liability claim is proving that someone owed you a duty of care, breached that duty, and that breach caused your injury.

Who Can Be Held Responsible?

In public liability cases, the responsible party is often the occupier or controller of the premises. This could be:

• A local council responsible for maintaining public spaces.
• A business owner operating a shop, café, or other venue.
• A property owner or landlord.
• Event organisers responsible for the safety of attendees.

As a compensation lawyer Aspley, our role is to identify the correct party (or parties) to hold accountable and to gather the evidence needed to prove the claim.

What Injuries Can Lead to a Public Liability Claim?

Public liability claims can involve many types of injuries, from relatively minor to life-altering. Common examples include:

• Soft tissue injuries such as sprains and strains.
• Broken bones or fractures from falls.
• Head injuries or concussions.
• Cuts, abrasions, or burns.
• Spinal injuries or more serious trauma.

Even seemingly minor injuries can lead to significant time off work, ongoing pain, or costly medical treatment.

The Claims Process

While each case is different, most public liability claims follow these steps:

1. Seek Medical Treatment: Your health comes first. Ensure your injuries are properly assessed and documented.
2. Report the Incident: Notify the occupier, manager, or relevant authority of the accident and ensure an incident report is made.
3. Collect Evidence: Take photos of the scene, gather witness contact details, and keep receipts for any expenses related to your injury.
4. Get Legal Advice: Contacting a compensation lawyer, like us at Morgan Clifford, Aspley early ensures your rights are protected and deadlines are met.
5. Lodge a Claim: Your lawyer will prepare and submit the necessary documents to the insurer of the responsible party.
6. Negotiation or Court Proceedings: Many claims settle through negotiation, but some proceed to court if liability or the amount of compensation is disputed.

What Can You Claim?

If successful, a public liability claim can provide compensation for:

• Medical, hospital, and rehabilitation expenses.
• Loss of income, both past and future.
• Pain, suffering, and loss of enjoyment of life.
• Domestic assistance if you require help at home due to your injuries.

The amount awarded will depend on the severity of your injury, its impact on your life, and the evidence provided.

Proving Negligence

A key part of any public liability claim is proving that the injury was caused by negligence. This involves showing that:

1. The responsible party owed you a duty of care.
2. They breached that duty by failing to take reasonable precautions.
3. This breach directly caused your injury.

For example, if a supermarket knew about a spill but failed to clean it up or put up warning signs, this may be a clear breach of duty. However, if the spill occurred seconds before you slipped, and staff had no reasonable chance to address it, liability may be harder to prove.

Time Limits

In Queensland, you generally have three years from the date of injury to commence legal proceedings for a public liability claim.

However, it’s important to start the process well before this deadline. Evidence can be lost and witness memories can fade quickly, so early legal advice is critical.

Why Seek Legal Help?

Public liability claims can be complex. Insurers often resist paying the full amount you deserve, and proving negligence requires detailed evidence.

As a compensation lawyer Aspley, we work to ensure that:

• All evidence is gathered promptly and thoroughly.
• Your claim is lodged correctly and within time limits.
• You receive the maximum possible compensation for your injuries and losses.

We understand the stress an injury can cause – physically, emotionally, and financially – and we’re here to guide you through the process from start to finish.

Taking the Next Step

If you’ve been injured in a public or private space and believe someone else was at fault, don’t delay. Get legal advice as soon as possible to protect your rights and start building a strong case.

At Morgan Clifford Legal Services, we have extensive experience helping clients navigate public liability claims and securing fair outcomes.

Speak to your compensation lawyer Aspley today and take the first step toward getting the compensation you deserve.