Public Liability Claims
If you’ve been injured in a public place or on someone else’s property in NSW, you may have a claim. Property owners and occupiers have a legal duty to keep their premises reasonably safe. When they fail, and someone is hurt as a result, compensation may be available
Public liability claims are built on the concept of negligence. The question isn’t simply whether you were injured, it’s whether the person or organisation responsible for the space failed to take reasonable steps to prevent it. Establishing that failure is where specialist legal advice makes a real difference.
Who Can Claim
You may be eligible to claim if you were injured in a public or privately owned space, including:
- A supermarket, shopping centre, or retail premises
- A restaurant, café, hotel, or licensed venue
- A park, footpath, or council-maintained public area
- A stairwell, car park, or common area in a residential or commercial building
- A school, sporting facility, or recreational venue A neighbour’s or private individual’s property
How a Claim Works in NSW
Public liability claims in NSW are governed by the Civil Liability Act 2002 and involve establishing that the party responsible for the premises owed you a duty of care, breached that duty, and that the breach caused your injury.
- Report the incident to the property owner or manager and ensure it is formally recorded.
- Document the scene as thoroughly as possible, including photographs of the hazard.
- Seek medical attention and keep records of all treatment and expenses.
- Obtain legal advice promptly, as evidence can disappear quickly and time limits apply.
- Lodge a claim against the responsible party’s public liability insurer.
Why You Might Want a Specialist Lawyer
Public liability claims require you to establish negligence, which is a higher bar than the no-fault workers compensation scheme. Insurers for large commercial operators are well resourced and experienced at defending these claims. We help you:
- Establish that the property owner or occupier breached their duty of care
- Gather and preserve evidence before it is lost or removed
- Ensure your injuries and their ongoing impact are thoroughly documented
- Negotiate with insurers or, where necessary, pursue your claim through the courts
What Compensation Could You Receive?
Depending on your injuries and the circumstances of the incident, you may be entitled to:
- Medical treatment and rehabilitation expenses
- Weekly income support for time off work Lump sum compensation for pain and suffering
- Lump sum for future economic loss where your capacity to earn has been affected
- Care and domestic assistance costs where required
FAQ
What if I slipped on something I should have seen and avoided?
Contributory negligence may reduce your compensation but doesn’t automatically defeat your claim. The question is whether the property owner also failed to take reasonable precautions. We’ll assess the circumstances honestly.
The injury happened some time ago. Have I missed the time limit?
The general limitation period for public liability claims in NSW is three years from the date of injury, though exceptions apply in some circumstances. Get advice before assuming you’re out of time.
The business I’m claiming against has since closed. Can I still claim?
Potentially yes, if the business held public liability insurance at the time of your injury. We can investigate whether a policy existed and how to access it.
