Public liability claims in Victoria
Injuries in shops, car parks, rental properties, parks, venues, on footpaths and at events are negligence claims under the Wrongs Act 1958 (Vic). You must prove negligence. Non-economic loss needs a “significant injury”: more than 5% whole-person impairment for physical injury, 10% for psychiatric, assessed under the AMA Guides, or a certificate from a medical panel. The 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 Melbourne 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 Victoria?
You must prove negligence. Non-economic loss needs a “significant injury”: more than 5% whole-person impairment for physical injury, 10% for psychiatric, assessed under the AMA Guides, or a certificate from a medical panel. The limitation period is 3 years from discoverability with a 12-year long-stop.
In more detail
Full guide to public liability claims in Victoria
Millner and Knights public liability lawyers acting in Melbourne and throughout Victoria handle all matters according to our risk-free fees policy.
Our public liability lawyers are here to help
If your case has merit, they will discuss their no win no fee terms and conditions with you 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 commence legal proceedings with us or not. Please rest assured that our advice is free and impartial and we will never press you into moving forward or signing any paperwork.
Please note that strict time limits apply in the state on Victoria so it’s important to seek legal counsel as soon as practically possible to ensure you're not affected by any statute of limitation acts.
What is public liability?
In loose terms, a public liability claim describes the legal process of recovering monetary compensation for injury or loss resulting from a business or individuals negligent act (commission) or failure to act (omission). Public liability in Melbourne and Victoria fall under the Wrongs Act of 1958.
Common types of public liability in NSW
Common types of cases handled by our public liability lawyers in Melbourne include faulty and defective products, slips and trips, sexual abuse, food poisoning, physical assaults, dog bites and injuries resulting from accidents in any of the following places including but not excluding:
- 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, colleges, TAFEs and universities
- bars, clubs, restaurants, cafes and pubs
- Movie theatres, gymnasiums, and outdoor sporting venues
Preparing for a public injury claim
After being injured in public it’s critical to obtain as much evidence as you can to support your case. If you haven't already done so you should follow the steps we have listed below as soon as practically possible:
- Seek medical attention from your GP or hospital
- report the incident to the owner of the property, or in the case of commercial premises such as a shop, report it to one of their employees
- if you failed to 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 photographic or video evidence of the accident scene
- measure any defect that caused the accident, for example, a raised curb or a damaged footpath.
Post-accident, if you require ongoing medical treatment such as physiotherapy it’s important to take note of that too.