Public liability claims in Queensland
Injuries in shops, car parks, rental properties, parks, venues, on footpaths and at events are negligence claims under the Personal Injuries Proceedings Act 2002 (PIPA) and the Civil Liability Act 2003. Before any court action you must serve a Part 1 Notice of Claim on the person you say is responsible within 9 months of the injury or 1 month of first instructing a lawyer. General damages use the ISV scale. The general 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 Brisbane 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 Queensland?
Before any court action you must serve a Part 1 Notice of Claim on the person you say is responsible within 9 months of the injury or 1 month of first instructing a lawyer. General damages use the ISV scale. The general limitation period is 3 years.
In more detail
Full guide to public liability claims in Queensland
Claiming compensation for accidents in public places
Suffering an injury in public can not only be humiliating but also rock your confidence. It seems like the whole world has turned into a hazard, whether you’re in a shop or restaurant. Millner and Knight also realise that an injury in a public place can have a serious impact on your everyday life and finances.
We realise it’s easy to blame yourself for an accident in a public place. Even if you feel that way, business owners and local authorities have a duty of care to keep you safe. If they haven’t, they were responsible and you could make a no win no lose claim.
If you’ve been injured in a public place, your injuries may have stopped you from living normally. It may feel difficult to cope on top of the physical pain of your injury. You may have received reduced pay or even unpaid sick leave. Along with other expenses, such as medical treatment and rehabilitation, the financial pressure can leave you unable to pay your bills or support your family. Even in the face of all of these odds, we can help. We guide you through the steps to make it right and get the compensation that covers the impact of your injury.
For free advice, or to find out you have a claim, you can get in touch with our local experts on 1800 106 107, or fill in our secure online form to arrange a more convenient time to talk.
Kinds of public accidents in Queensland
Public accidents can happen almost anywhere, but we’ve listed some common types below.
- Supermarket accidents due to spills or hazards
- Pedestrian accidents caused by cracked or poorly maintained footpaths
- Slip and falls
- Improper correct occupational health and safety procedures and risk assessments
- Accidents involving children, such as while in school or crèche
Your public accident not listed here? Don’t worry; we may still be able to help.
If it’s possible, we recommend you report your accident to the staff or owner of the business so it is logged in any incident reporting books.
It can also be useful to note down the contact details of anyone who witnessed your accident, as this information is used to support your claim.
Was your accident someone else’s fault?
We know it can often be difficult to tell whether an injury in a public place was someone else’s fault. But business owners and local authorities must keep you safe as a matter of law. If they’ve neglected to follow health and safety laws, they are leaving people like you at risk. Businesses can reduce risks by cleaning up wet floors as quickly as possible and using signposts, keeping walkways clear of obstacles, and ensuring the area is lit well enough to avoid accidents.
Likewise, the local council or State road safety agency is responsible for making sure public pavements and footpaths are well maintained and safe to use. If the pavement is cracked or loose, this can cause trips or falls leading to painful injuries. If the owner or local authority failed to keep you safe, then you may be able to make a personal injury claim. A claim assists with your recovery and makes sure you’re not left out of pocket.
How your compensation can help
We know that compensation doesn’t relieve the pain, suffering, and inconvenience you’ve experienced. As lawyers, we’ve seen how compensation can help to cover the expenses and impacts of your injury, so you can focus on your recovery without having to worry about where money is coming from.
When preparing your claim, your specialist lawyer will consider:
- Lost earnings, now and into the future
- Medical treatment and expenses, including prescription costs
- Other expenses, such as travel costs, accommodation and rehabilitation
- Modifications to your home
- The impact on your social life and hobbies
- Your pain and suffering
Each claim is different and a dollar value on your suffering is impossible to affix before you start a claim.
Find out how our public liability lawyers can help
Many people who get in contact with us after an accident in a public place have doubts about who is at fault. If you are unsure, talk to us for free on 1800 106 107 or use our online form and request a callback. We can let you know whether we think you have a claim and can offer free, confidential advice with no obligations. Move forward at your own pace!