What Is Public Liability?
Public liability refers to the legal duty individuals, businesses, and organisations have to take reasonable care for the safety of others. If someone is injured due to a failure to meet this duty, they may be entitled to compensation under Queensland law.
Understanding Public Liability in More Detail
In Queensland, 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 in Queensland:
The Civil Liability Act 2003 (Qld)
The Civil Liability Act 2003 (Qld) – outlines what counts as negligence and how liability is determined.
The Personal Injuries Proceedings Act 2002
The Personal Injuries Proceedings Act 2002 (Qld) – sets the process for making a public liability claim, including notice requirements and time limits.
A person must prove that:
- A duty of care was owed
- That duty was breached
- The breach caused the injury
- It resulted in physical, emotional, or financial harm
Check If You Qualify
Not sure if you qualify for compensation? Our free claim check offers a quick, no-obligation assessment—whether it’s a workplace injury (WorkCover), a motor vehicle incident (CTP), or a TPD claim. We’ll explain your options and guide you on the next steps—no strings attached.
Where Does Public Liability Apply?
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.
Public Liability can occur at:
- Retail stores and shopping centres – e.g. slipping on an unmarked wet floor
- Cafés, pubs, or restaurants – e.g. burns, falls, or broken furniture
- Public parks, footpaths, and playgrounds – e.g. unsafe equipment or poorly maintained surfaces
- Events or festivals – e.g. injuries caused by crowding, staging, or lack of security
- Rental properties and short-stay accommodation (Airbnbs, holiday homes) – e.g. loose handrails, damaged stairs
- Gyms, pools, or fitness centres – e.g. faulty equipment or slippery surfaces
- Public transport stations or vehicles – e.g. tripping hazards or platform incidents
- Private or commercial boats – e.g. unsafe boarding conditions or equipment failures
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?
How AX Compensation Lawyers Can Help
At AX Compensation Lawyers, we understand that suffering an injury due to someone else’s negligence can be physically, emotionally, and financially overwhelming. Our goal is to make the public liability claims process as straightforward as possible, so you can focus on your recovery while we manage the legal complexities. Our team specialises in public liability claims in Queensland, providing clear guidance and compassionate support at every stage.
Obligation Free Consultation
We offer an obligation free consultation to assess your situation and explain your legal options. During this initial discussion, we’ll determine whether you may have a valid public liability claim and outline the steps ahead.
We operate on a No Win, No Fee basis — meaning you won’t pay our legal fees unless your claim is successful. We also cover upfront disbursements, including the costs of obtaining medical reports and expert assessments, so you can pursue your claim without added financial pressure.
Lodging the Claim
Once we confirm your eligibility to claim compensation, our team handles the entire lodgement process on your behalf, including:
- Preparing and submitting all required legal documents
- Notifying the at-fault party or their insurer
- Ensuring strict Queensland legal deadlines are met
We take care of these steps to make sure your claim proceeds smoothly and without delay.
Gathering Evidence
Strong public liability claims rely on strong evidence. While some documents may come from you, we assist in gathering further material to support your case, such as:
- Incident reports and witness statements
- Medical records verifying your injury
- Expert safety evaluations identifying negligence or hazard
We ensure all relevant evidence is gathered efficiently and submitted on time.
Medical Assessments
Where necessary, we arrange independent medical assessments to support your claim. These reports help establish:
- The extent and seriousness of your injuries
- The impact on your daily life and work capacity
- The treatment or long-term care you may need
This information is essential for calculating fair compensation under Queensland public liability law.
Negotiation & Settlement
Most public liability claims are resolved without going to court. Our public liability lawyers negotiate directly with insurers or responsible parties to achieve a fair settlement based on your circumstances.
If a fair outcome cannot be reached through negotiation, our experienced legal team is fully prepared to represent you in court and advocate for the compensation you are entitled to under Queensland law.
What Is Public Liability Insurance?
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.
In Queensland, 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.
Public liability insurance typically covers:
- Compensation for injuries or death caused to third parties (e.g. customers, visitors, members of the public)
- Damage to third-party property
- Legal defence costs
- Settlement amounts or court-ordered payouts
Public liability insurance does not cover:
- Injuries to employees (covered by WorkCover) (link workcover to workcover page)
- Product recalls
- Criminal acts or intentional harm
- Damage involving aircraft or asbestos (often excluded in standard policies)
Why this matters if you’re making a claim:
- The insurer will assess whether their policyholder was actually negligent
- They may try to dispute liability or reduce the value of your claim
- Having legal advice on your side can help ensure fair treatment and full entitlements under the law
Common Public Liability Scenarios
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:
Slip and fall injuries
A shopper slips on a recently mopped floor in a supermarket with no warning signage.
Dog attacks in public places
A person is bitten by an off-leash dog in a park where leash rules apply.
Injuries at rental properties
A guest is injured after falling through a rotted balcony railing that hadn’t been repaired, despite previous complaints.
Playground or schoolyard accidents
A child is injured on broken equipment that should have been repaired or removed.
Event or festival injuries
A person is injured by unstable staging.
Gym or recreational facility accidents
Faulty exercise equipment causes injury during normal use.
Public transport facilities
A commuter trips over damaged flooring on a bus platform.
Important: These are just examples of situations where public liability might arise. Even in these cases, compensation is not guaranteed — the circumstances must meet specific legal criteria. Every situation is unique, and whether a claim is successful depends on a range of factors, including who was responsible, whether reasonable care was taken, whether negligence can be proven, and whether the injured person can provide evidence that they suffered harm as a result. We strongly recommend speaking with a personal injury lawyer to understand your rights in your specific circumstances.
Who Can Be Held Liable Under Public Liability Law?
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. It’s important to understand that while this party may be legally liable, their public liability insurance will often cover the financial cost of a compensation claim.
This may include:
- Business owners
- Landlords or rental property managers
- Event organisers or venue operators
- Local councils (in certain public infrastructure cases)
- Schools, tourism operators, or recreational providers
Legal vs. Financial Responsibility
It’s important to understand the difference between who is legally responsible for your injury and who is financially liable.
- The legal duty to ensure the space is safe usually lies with the owner or occupier.
- However, compensation is often paid by that person’s public liability insurer — not by the individual themselves (unless they are uninsured).
Types of insurance
- Home and contents insurance (if the injury occurred at someone’s private residence)
- Landlord insurance (for injuries in rental properties due to unsafe conditions)
- Business liability insurance (for commercial premises or short-stay rentals like Airbnbs)
- Public liability policies (held by event organisers, venues, or service providers)
If you’re unsure who may be responsible for your injury or how your claim should be handled, speak with our team at AX Compensation Lawyers. We can assess your situation, identify the correct party to claim against, and ensure your rights are protected under Queensland law.
If you’re unsure who may be responsible for your injury or how your claim should be handled, speak with our team at AX Compensation Lawyers. We can assess your situation, identify the correct party to claim against, and ensure your rights are protected under Queensland law.
What Evidence Is Needed to Make a Public Liability Claim?
To succeed in a public liability claim, it’s not enough to show that an accident occurred you must also provide clear evidence that supports your version of events and proves that someone else’s negligence caused your injury.
The more detailed and timelier your evidence, the stronger your claim will be. Common types of evidence include:
Medical records
GP or hospital records, treatment plans, and any medical assessments that show the nature and extent of your injury.
Photographs or video footage
Images of the scene, hazard, or injuries can help demonstrate what went wrong and whether proper precautions were in place.
Witness statements
Contact details and written statements from anyone who saw the incident occur or can confirm the conditions at the time.
Incident reports
Forms completed at the scene (e.g. in a store or council facility), if available, showing that the event was formally recorded.
Financial records
Documents like payslips, tax returns, and medical invoices to support claims for lost income or out-of-pocket expenses.
Expert opinions
In some cases, safety experts or independent medical specialists may be needed to assess liability or quantify injury severity.
The respondent (e.g. the business or property owner) may also request an independent medical assessment as part of the claims process. This is a normal part of Queensland’s public liability system under the Personal Injuries Proceedings Act.
Time Limits for Public Liability Claims in Queensland
Strict timeframes apply to public liability claims in Queensland. 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:
Notice of Claim (PIPA requirement):
You must provide written notice to the person or organisation you believe is responsible:
– Within 9 months of the date of injury, or
– Within 1 month of instructing a lawyer to act on your behalf whichever comes first.
Limitation period (court proceedings):
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 whether your time limit has passed or how it applies to your situation, our team can review your circumstances and provide clear guidance.
The Support You Need
We believe everyone should have access to quality legal help, regardless of finances. That’s why we offer a No Win, No Fee arrangement: you won’t pay our legal fees unless we secure compensation on your behalf.
Frequently Asked Questions About Public Liability
Can I still make a public liability claim if I was partly at fault?
Yes. Under Queensland’s 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.
Is public liability the same as personal injury?
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.
Can I claim public liability compensation if a child is injured?
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.
Can I make a claim if I didn’t report the incident at the time?
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.
What if the property owner doesn’t have insurance?
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.
Do I need a lawyer to make a public liability claim?
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.
Ready to Discuss Your Claim?
At AX Compensation Lawyers, we provide compassionate support and expert legal representation to individuals injured in accidents across Queensland. Our dedicated team is committed to helping clients navigate the personal injury claims process with confidence and peace of mind.
