Public liability claims in Northern Territory
Injuries in shops, car parks, rental properties, parks, venues, on footpaths and at events are negligence claims under the Personal Injuries (Liabilities and Damages) Act 2003 (NT). Negligence must be proved. Non-economic loss needs at least 5% whole-person impairment and is capped at an indexed amount. The limitation period is 3 years.
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 Darwin 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 Northern Territory?
Negligence must be proved. Non-economic loss needs at least 5% whole-person impairment and is capped at an indexed amount. The limitation period is 3 years.