Personal Injury Lawyers › Public Liability
Public Liability Lawyers — Injured in a Public Place. Get Compensation.
If you were injured in a public place, on a business's premises, or on someone else's property, you may have a public liability claim against the occupier or responsible party. Public liability claims are based on negligence — the occupier failed to maintain a safe environment and you suffered injury as a result. A lawyer assesses your claim for free and runs the case on no win, no fee.
⚠ Public liability claims are subject to a 3-year limitation period in most states — measured from the date of the injury. Earlier is always better: incident reports, witness details, and surveillance footage must be obtained promptly. Get assessed today.
What We Help With
Public liability claims — all types of premises and occupiers.
Public liability claims arise wherever someone is injured on premises controlled by another party. The occupier owes a duty of care to everyone who enters — customers, visitors, invitees, and in some cases trespassers. If the occupier's negligence caused the hazard that caused the injury, a claim exists.
Supermarket & Retail Store Injuries
Slipping on a wet floor, tripping on a display, or being struck by falling stock. Retailers owe a duty to maintain safe premises and inspect for hazards regularly. Failure to display wet floor signs or clean up spills in a timely way commonly gives rise to public liability claims.
Restaurant, Café & Hospitality Injuries
Slipping in a restaurant, being injured by hot food or drink spilled by staff, or tripping on a step or uneven surface. Hospitality businesses have a duty to maintain safe premises for their patrons.
Council & Government Footpath Injuries
Tripping on a cracked or raised footpath, a pothole, or an uneven surface maintained by a local council. Councils owe a duty of care to pedestrians and must inspect and repair known or foreseeable hazards on public footpaths, parks, and roads.
Sporting & Recreation Venue Injuries
Injuries suffered at gyms, sports venues, swimming pools, and entertainment venues. Operators owe a duty of care to patrons — but some recreational activity agreements may limit liability. A lawyer advises on whether a waiver or terms-of-entry document affects the claim.
Private Property Injuries
Being injured while visiting someone's home — for example, a tradesperson or social guest injured by a hazard on the property. Homeowners owe a duty of care to people they invite onto their property, and home and contents insurance typically covers public liability claims.
Children's Playground & School Injuries
Children injured on school grounds, in playgrounds, or during school activities. Schools and local authorities have a heightened duty of care to children and must maintain safe facilities and adequate supervision.
What the Law Says
Public liability negligence — the legal test.
Public liability claims are negligence claims. To succeed, the injured person must prove the occupier owed a duty of care, breached it, and the breach caused the injury. State civil liability legislation modified the common law test in the early 2000s — including reasonable precautions, probability of harm, and obvious risk defences.
The negligence test — four elements
To establish negligence, a claimant must prove: (1) the occupier owed them a duty of care (which almost always exists when a person is lawfully on premises); (2) the occupier breached the duty by falling below the standard of a reasonable person in their position; (3) the breach caused the injury (causation); and (4) the injury caused compensable loss. Each element must be established on the balance of probabilities. The breach element — whether the occupier fell short of the reasonable person standard — is often the most contested.
Reasonable precautions — what the occupier was required to do
State civil liability legislation introduced a multi-factor test for what precautions a reasonable person would take. Factors include: the probability that harm would occur without the precaution; the likely severity of harm; the burden of taking the precaution; and the social utility of the activity giving rise to the risk. A supermarket that knew of a spill and did not clean it or warn customers within a reasonable time has typically failed to take reasonable precautions. A once-off hazard that appeared moments before the accident may not meet the threshold.
Obvious risk — a complete defence
State civil liability legislation introduced an obvious risk defence — an occupier is not liable for harm suffered from an obvious risk (a risk that would have been obvious to a reasonable person in the claimant's position). This defence is most commonly raised in recreational activities and where the hazard was clearly visible. A wet floor with a warning sign may engage this defence. A hidden hazard — a cracked tile under carpet — generally will not. A lawyer assesses the strength of this defence in your specific circumstances.
Contributory negligence — reducing your damages
If the injured person was partly responsible for the accident — for example, not watching where they were walking — damages are reduced by the proportion of their own fault. In some states, contributory negligence can reduce damages to nil if the claimant was predominantly responsible. A lawyer advises on whether contributory negligence is likely to be raised and by how much it might reduce the claim value.
Public liability insurance — who pays
Most businesses, councils, and property owners hold public liability insurance — a policy that covers the business against claims by third parties injured on their premises. In practice, the claim is usually against the insurer, not the business directly. Insurers investigate, assess, and either admit or deny liability. Where the insurer admits liability, damages are assessed and most claims settle at this point. A lawyer handles all dealings with the insurer and ensures you are not pressured into a low settlement.
General damages threshold — minor injuries may not qualify
State civil liability legislation introduced thresholds for general damages (pain and suffering) in most states — minor injuries below a defined threshold do not attract general damages, though economic loss and medical expenses remain compensable. The threshold varies by state. In practice, many public liability claims involve injuries that do meet the threshold, but a lawyer advises on whether your specific injury qualifies and, if not, what economic loss and treatment costs can still be recovered.
How It Works
One request. A free public liability assessment.
Tell us where you were injured, what happened, and your state. A public liability lawyer will assess your claim for free and advise on prospects.
Submit Your RequestDescribe where and how you were injured
Tell us the location (supermarket, council footpath, restaurant, etc.), what caused the injury, your state, and the nature of the injury. Note whether an incident report was lodged at the time.
Matched to a public liability lawyer
Your request is matched to a personal injury lawyer in your state with experience in public liability negligence claims.
Free assessment arranged
A public liability lawyer assesses whether a duty of care was owed, whether it was breached, and the likely value of your claim — at no cost and with no obligation.
Common Questions
Public liability — frequently asked questions.
Do I need to have reported the incident at the time to make a claim?
It helps, but it is not strictly required. Lodging an incident report at the time is valuable evidence — it creates a contemporaneous record of the hazard. However, a public liability claim can still succeed without a formal incident report if there is other evidence of the hazard (photographs, witness accounts, CCTV). If you did not lodge a report at the time, tell a lawyer now — they can advise on preserving alternative evidence before it is lost.
Can I claim against a council for tripping on a footpath?
Yes — councils owe a duty of care to maintain public footpaths in a reasonably safe condition. However, councils in most states have an "obvious risk" and "road authority" defence — a council that has a system of regular inspection and maintenance is less likely to be found liable for a single isolated defect than a council that has no maintenance system at all. Evidence that the council knew about the defect prior to the accident significantly strengthens the claim. A lawyer advises on whether the specific council's inspection and maintenance records support a claim.
The business I was injured in has closed — can I still claim?
If the business held public liability insurance at the time of the accident, a claim can typically still be made against the insurer — even if the business has since closed. Insurance policies remain valid after the policyholder ceases to trade. A lawyer identifies the relevant insurer (through the relevant state or industry authority if needed) and makes the claim against the policy directly.