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Public liability applies when someone is injured in a public or shared space due to another's failure to take reasonable care. This duty can fall on anyone responsible for spaces used by others — such as businesses, landlords, councils, or event organisers.
If that duty is breached — for example, by not fixing a hazard or providing a warning — and someone is injured, they may be entitled to claim compensation.
Two key laws govern public liability claims:
The Civil Liability Act 2003 (Qld) outlines what counts as negligence and how liability is determined.
The Personal Injuries Proceedings Act 2002 (Qld) sets the process for making a public liability claim, including notice requirements and strict time limits.
Whether your accident occurred on open water, a commercial tour, or during recreational activities involving boats or jet skis, our team has experience dealing with the unique challenges of marine injury claims. We'll guide you through every step, from initial advice to final resolution, ensuring your rights are protected and your claim is properly managed.
Public liability applies in a wide range of everyday situations, not just in traditional “public” spaces, but also in privately owned locations that are accessible to the public. If a person or organisation fails to take reasonable care in maintaining a safe environment, and someone is injured as a result, public liability law may apply.
These are just examples — the key legal question is always: Was there a duty of care, and was it breached in a way that caused avoidable injury?
While public liability refers to a legal duty to prevent harm, public liability insurance is a financial product that protects businesses and individuals if a claim is made against them.
Most businesses — and many property owners — carry public liability insurance. This means that if someone is injured and successfully claims compensation, it is usually the insurer, not the individual or company, that pays the settlement.
Even though your injury claim is against the person or business who caused the harm, you're often dealing with their insurer, which means:
Public liability law applies to a wide range of real-world situations, often where a person is injured in a public, commercial, or shared space due to someone else's failure to take reasonable care.
Examples of public liability incidents include:
Important: These are examples only. Compensation is not guaranteed and depends on whether legal requirements such as negligence, duty of care, and evidence can be proven. Speaking with a personal injury lawyer is strongly recommended.
If you're injured in a public or publicly accessible space due to unsafe conditions, the person or organisation legally responsible is usually the one who owns, manages, or controls the area.
While this party may be legally liable, their public liability insurance will often cover the financial cost of a compensation claim.
There is an important distinction between who is legally responsible and who is financially liable.
If you're unsure who to claim against, our team can assess your situation and protect your rights under law.
If you're unsure who may be responsible for your injury or how your claim should be handled, speak with our team at Injury Assist Helpline.
To succeed in a public liability claim, it's not enough to show that an accident occurred — you must also prove that someone else's negligence caused your injury.
The more detailed and timely your evidence, the stronger your claim. Common types of evidence include:
Strict timeframes apply to public liability claims. If these deadlines are missed, you may lose your right to claim compensation, so it's important to seek legal advice as early as possible.
Key time limits to be aware of:
You must provide written notice to the person or organisation you believe is responsible:
You must start court proceedings within 3 years of the date of injury. Failing to do so may permanently bar your claim.
In some cases, it may be possible to apply for an extension. However, extensions are limited and require valid justification. If you're unsure how the time limit applies to your situation, our team can review your circumstances and provide clear guidance.
Yes. Under Civil Liability Act 2003, contributory negligence may reduce the amount of compensation you receive, but it does not necessarily prevent you from making a claim. The court (or insurer) will assess what portion of the incident was your fault and adjust your compensation accordingly.
Not exactly. Public liability is one type of personal injury claim. It refers specifically to injuries caused by someone else's negligence in a public or accessible space. Other types of personal injury claims include workplace injuries and motor vehicle accidents, which are handled under different legal schemes.
Yes. A parent or legal guardian can bring a public liability claim on behalf of an injured child. Special rules apply to limitation periods for minors, so it's best to seek legal advice as soon as possible.
Possibly. While it's always best to report the incident immediately (e.g. to a store or council), failing to do so doesn't automatically disqualify your claim. You'll need other forms of evidence, such as medical records, witness statements, or photographs.
You can still make a claim directly against the at-fault party. However, if they are uninsured and cannot pay, it may be more difficult to recover compensation. This is why having legal advice early is important to assess the viability of proceeding.
It's not mandatory, but strongly recommended. Public liability claims involve strict legal processes, negotiations with insurers, and the need for strong evidence. An experienced public liability lawyer can help protect your rights and improve your chances of a successful outcome.
Helping Clients secure fair compensation is more than a slogan—it's our guiding principle. We believe everyone deserves high-quality legal support, regardless of their situation. Whether you've experienced a workplace injury (WorkCover), a motor vehicle accident (CTP claim), TPD-related issues, or another personal injury, our team will walk you through the legal process so you understand your rights and options at every turn.
We understand that after an injury, it's not always easy — or even possible — to attend a legal consultation in person. That's why we offer flexible options to ensure you can get the support you need in a way that suits your circumstances. Whether you're recovering at home or prefer to speak remotely, we're here to help you take the next step.
Navigating a personal injury claim can be daunting. Our team simplifies the process by helping you understand your entitlements—whether you've suffered a work accident (WorkCover), a road incident (CTP claims), or a public space injury. We guide you every step of the way to secure a fair outcome, ensuring you feel supported throughout your recovery.
We assist Clients with a range of personal injury claims, ensuring you receive the compensation you're entitled to. Whether it's a motor vehicle accident, workplace injury, public liability claim, TPD claim, or any other personal injury matter, our experienced team is here to guide you through the process.
