How we help > Liability

Public Liability

If you have suffered an injury in a public place or private residence you may be entitled to make a public liability claim.

For example, these types of claims can cover:

  • Slips, trips and falls at retail outlets and shopping centres;

  • Slips, trips and falls on public or private property including footpaths, parks, gardens, car parks and driveways;

  • Accidents at places such as hotels or theme parks;

  • Physical assaults;

  • Sexual assaults;

  • Injuries caused by animals (e.g. a dog bite);

  • Schoolyard or day-care injuries.

In order to be successful in making a public liability claim you will need to establish that you were owed a duty of care by the person or entity in question, there was a breach of the duty of care, and, as a result of that breach you suffered injury and loss.

Seeking advice

Public liability claims and the law relating to them can be complex and it is really important that you seek legal advice as soon as possible.

If you are involved in an incident, you should take the following steps:

  1. Report the incident straight away;

  2. If possible (and safe), take photos of the accident location;

  3. Seek medical advice and undergo any recommended treatment as soon as possible;

  4. Write down any important information about the circumstance of the incident including when, how and where it happened and the details of anyone who saw it;

  5. Keep records of your out-of-pocket expenses;

  6. Keep a diary of any care and assistance you require as a result of your injuries.

For more assistance

If you’ve suffered an injury in a public place or private residence, and want to talk through your options regarding a public liability claim, give the team at Southside Legal a call today.

Frequently asked questions

  • The types of damages you may be able to recover are:

    • General Damages (which includes pain and suffering);

    • Past loss of income if your injuries prevented you from working at your full capacity, or at all

    • Future loss of income arising from any reduction in your capacity for work due to your injuries

    • Loss of superannuation

    • Past and future medical and rehabilitation costs;

    • Out of pocket expenses such as travel and medications.

  • In most cases the respondent person or entity will be covered by insurance and the claim is usually handled by the insurance company or its lawyers. Any settlement or judgment resulting in a payment of compensation to you will be paid by the insurance company.

    There can be some cases where an individual is personally responsible to pay compensation to you. It is important to consider whether or not the individual has any means to pay before commencing a claim and this is an area we can advise you.

  • There are strict time limits that apply to personal injury claims in Queensland. It is important you seek legal advice early in the claims process so that you don’t miss any important time limits.

    Generally, in Queensland you must commence legal proceedings within three (3) years of the date of your injury. For minors (people under the age of 18 at the time of the accident) you have three (3) years from the date of your 18th birthday to commence proceedings.

    However, there are earlier timeframes relating to steps you must take before commencing proceedings to notify of your claim. Generally, you must lodge a Notice of Claim Form with the relevant insurer within the earlier of the following:

    a. 1 month after the day you instruct a law practice to seek a damages claim on your behalf; or

    b. 9 months from the date of the accident.

    If you serve the Notice document after this timeframe you must provide a reasonable excuse for the day.

    It is important to act swiftly after being involved in an incident and suffering an injury. We appreciate that seeking legal advice may be the last thing on your mind in such circumstances; however, the team at Southside Legal will make the process of obtaining advice as stress-free as possible.

  • Unfortunately, there is no exact timeframe. It will depend on the complexities of your claim, the nature of your injuries, your treatment and how long it takes for your injuries to stabilise.

    Each case is different and the team at Southside Legal will consider the details specific to your case when discussing timeframes.