Public liability claims in New South Wales
Injuries in shops, car parks, rental properties, parks, venues, on footpaths and at events are negligence claims under the Civil Liability Act 2002 (NSW). You must prove negligence. Non-economic loss is only payable where the injury is at least 15% of a most extreme case, and the award is scaled from there, with an indexed cap. The general limitation period is 3 years from discoverability, with a 12-year long-stop.
Proving the claim
You need to show the occupier or business owed you a duty of care, breached it, and that the breach caused your injury. Evidence gathered early decides these cases: photographs of the hazard, incident reports, witness details, CCTV requests and medical records from the first visit.
Common situations
- Slips on wet or uneven floors in supermarkets and shopping centres
- Trips on damaged footpaths and car parks
- Falls from faulty stairs, balconies or handrails in rental properties
- Dog attacks
- Injuries at gyms, sporting venues and events
- Faulty products and equipment
What you can claim
- Medical and rehabilitation costs, past and future
- Lost income and future earning capacity
- Pain and suffering above the state threshold
- Care and domestic assistance, paid or provided by family
- Out-of-pocket expenses such as travel, equipment and damaged property
Evidence to keep
Claims are won on what can be proved. Keep:
- Photos of the hazard taken that day, before it is fixed
- The incident report lodged with the business, and who took it
- Witness names and numbers
- A written request that CCTV be preserved
- The medical record from your first visit, same day if possible
- Receipts for every expense
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Sydney who handles public liability matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Who do I claim against?
The occupier or business responsible for the place where you were hurt, through their public liability insurer. Most commercial premises, councils, landlords and event organisers are insured.
What evidence do I need?
Photographs of the hazard taken that day, an incident report lodged with the business, witness names, a request that CCTV be preserved, and a medical record from the first visit. Evidence gathered in the first week decides these claims.
What if I was partly to blame?
Contributory negligence reduces the damages in proportion to your share of responsibility. It does not defeat the claim.
How long do I have in New South Wales?
You must prove negligence. Non-economic loss is only payable where the injury is at least 15% of a most extreme case, and the award is scaled from there, with an indexed cap. The general limitation period is 3 years from discoverability, with a 12-year long-stop.
In more detail
Full guide to public liability claims in New South Wales
Public liability lawyers acting in Sydney and surrounding areas. All public place accident claims made through us are carried out according to our risk-free fee agreement.
Our public liability lawyers can help
If you have a case, they will also let you know if you're eligible to take advantage of our no win no fee guarantee and also let you know what's achievable in terms of a payout. It's then left up to you to decide whether or not you wish to pursue your matter with us or not. Our advice is free and impartial and we will never press you into starting any legal proceedings.
Our lawyers can help recover compensation as a remedy to the accident, to restore the status quo had it not occurred. We understand that financial compensation can only ever go so far in terms of truly compensating you but it can enable you to focus on your recovery.
Please note that strict time limits apply in New South Wales so it's important to seek legal advice as soon as practically possible to ensure you don't lose your right to claim.
What is public liability?
Public liability refers to the fact that there is a company, public body or another party who is:
- The owner or occupier of the place you were injured, and;
- is responsible for your injury, either by omission or commission.
The owner of any public place has a legal duty to minimise or eliminate the risk of injury by those frequenting the premises. Such premises may include, but are not limited to:
- Shops, supermarkets and shopping complexes
- train and bus stations, garages, car parks, petrol stations and taxi ranks
- Fitness centres, gymnasiums, and swimming pools
- Poorly maintained roads, pavements, footpaths, and unsafe road works
- Theme parks or amusement centres
- Construction and building sites
- schools, TAFEs and universities
- bars, clubs, restaurants, and pubs
- Movie theatres, arcades, and outdoor sporting venues
Public liability in Sydney and NSW falls under the law of tort which focuses on civil wrongs. Broadly defined public liability is an obligation that all individuals, businesses and organisations must uphold to ensure the safety of other people. The obligation in question is known as a duty of care which translates to a moral or legal obligation to ensure the safety or well-being of others.
Under common law, if a person suffers injury, harm or death and it can be proven that the responsible party failed in their duty of care, a public liability claim can be brought against the party in question.
The public liability lawyers on Millner and Knights panel can make a broad assessment of your eligibility for claiming compensation if you were injured in a public place.
Our specialists can talk to you about your public injury on 1800 106 107.
Our public injury specialists will inform you of your rights and eligibility for a public liability claim, and whether it can be handled on a no win no drama arrangement.
Types of public liability claims we help with
Common types of public liability claims handled by our lawyers in Sydney include slips and trips, sexual assaults, food poisoning, physical assaults, dog bites and all general injuries arising in any of the following places:
- Shops, supermarkets and shopping complexes
- train and bus stations, garages, car parks, petrol stations and taxi ranks
- overseas and domestic holidays
- Fitness centres, gymnasiums, and swimming pools
- Poorly maintained roads, pavements, footpaths, and unsafe road works
- Theme parks or amusement centres
- Construction and building sites
- schools, TAFEs and universities
- bars, clubs, restaurants, and pubs
- Movie theatres, arcades, and outdoor sporting venues
Preparing for a public injury claim in NSW
If you've been injured in public it's important to gather as much evidence as possible to support your case. If you havent already done so you should carry out the following as soon as practically possible.
- Seek immediate medical attention from your GP or hospital
- report the accident to the owner of the property, or in the case of commercial premises such as a shop, report it to employees
- if you did not report it at the time of the accident, report it immediately, in as much detail as possible
- ensure that the accident is logged in the company’s OH&S logs
- take names and addresses or contact details of any witnesses
- take photographs of the scene of the accident
- measure any defect that caused the accident, e.g. raised flooring or a damaged paving slab that lead to a trip – this may be useful if the owner repairs the defect after the fact
After your accident, you may require ongoing medical treatment like physiotherapy it's important to document this too.