If you have suffered harm in a public place, an injury claim offers a secure way to find recourse from someone else’s negligence. Whether you have experienced a fall in a shopping centre, tripped on an uneven footpath, or been injured at a recreational facility, the law provides pathways to hold responsible parties accountable and seek financial recovery for your losses.
However, navigating the legal system, where matters are often aggressively challenged, can be overwhelming. It is common for people to be unaware that they have a valid case. To ensure your best interests are made a priority, our guide walks you through how to make a Public Liability claim so you always know where you stand. Here is how.
In events resulting in a personal injury, there are strict rules that determine whether a mishap occurred due to negligence, by misadventure and poor choices on your own part or by ‘acts of God’.
Otherwise known as general liability or occupiers’ liability, it is a legal claim pursued when you suffer a physical or psychological injury in a public or commercial space due to the negligence of a property owner, occupier, or managing authority. These claims are governed by the Civil Liability Act 2002 (NSW) and are distinct from workplace injury claims or motor vehicle accident claims, each of which operates under separate legislative frameworks.
These types of claims arise when a person or organisation fails in their duty of care to maintain safe premises or warn visitors of potential hazards. In most instances, the injured party (known as the claimant) initiates the Public Liability insurance claim process by lodging their claim against the defendant’s insurer, rather than pursuing the individual or business directly.
Misadventures can happen anywhere and at any time. While they are generally accidental in nature, they still can have devastating impacts on your health and ability to work. Slip, trip, and fall claims in NSW represent the most common category of Public Liability claims. These types of accidents can occur on:
Wet or freshly mopped floors without adequate warning signs
Uneven or damaged footpaths and paving
Poorly maintained stairways with loose handrails
Icy or slippery surfaces in winter conditions
Cluttered walkways or obstructed passages
Areas with inadequate lighting
Liability cases cover more than falls — they encompass a wide range of accidents that reflect everything from defective infrastructure to poor facility management:
Inadequate security leading to assault or injury
Product liability issues due to defective or unsafe construction
Escalator or lift malfunctions
Falling merchandise from inadequately secured displays
Defective trolleys causing trips or falls
Poorly maintained car park surfaces
When you have received a wound for any reason, at no fault of your own, you can raise a compensation claim against the premises owner, occupier or manager. While it is common to experience injuries in shopping centres, you are also covered by liability claims at:
Public parks, playgrounds, and sporting facilities
Restaurants, cafés, and entertainment venues
Swimming pools and aquatic centres
Gyms, yoga studios, and fitness facilities
Hotels, motels, and accommodation providers
Schools, universities, and childcare centres
Libraries, museums, and cultural institutions
Public transport stations and facilities
It is not only public facilities that carry a duty of care, but you can lodge a claim against private dwellings, too. However, the success of these cases depends on several factors, including whether you were an invited guest or are permitted to be on the premises for other reasons. On the other hand, trespassers have minimal legal protection.
While many homeowners carry public indemnity insurance as part of their home and contents policy, they also have stronger grounds to challenge your claim. They, for example, can demonstrate that they took reasonable steps to maintain a safe environment or that the hazard in question was an obvious risk that could have been easily avoided.
Injuries sustained in public places can have devastating consequences that extend far beyond the immediate physical harm. Victims often face mounting medical bills, loss of income due to the inability to work, and significant impacts on their quality of life and relationships. Settling your issue via mediation or litigation provides you with a pathway to recover financially and access the care needed to treat your wounds.
Property owners, businesses, and local councils have clear legal obligations to maintain safe environments for the public. When they breach these obligations, they must be held accountable for their negligence. Pursuing a claim not only helps you recover your losses but also encourages improved safety standards that protect others from similar harm.
The duty of care requires these parties to:
Conduct regular inspections to identify potential hazards
Maintain premises in a safe condition
Repair or remedy known hazards promptly
Provide adequate warnings where hazards cannot be immediately eliminated
Implement reasonable safety measures and procedures
Respond appropriately to reports of dangerous conditions
Implementing and enforcing safety policies
Training staff in hazard identification and response
The standard of care also varies depending on the nature of the premises, the purpose of the visit, and the characteristics of expected visitors. For example, a higher standard of care is expected in areas frequented by children and elderly persons, in high-traffic areas or commercial facilities where it is expected that the public will be present.
Pursuing personal injury compensation in NSW takes place over a prolonged period, typically between 6 months and a year in the majority of cases. This makes it important to seek legal advice for liability claims immediately after your injury to help you manage proceedings. Here is what to do:
Your health and safety must be the absolute priority following any misadventure. Even if you feel your injuries are minor, it is still important to consult a doctor, as some traumas, like soft tissue damage and concussion, among others, may not manifest fully until hours or days later.
If you have been injured in a public place accident, evidence is needed to prove causation, that the incident directly resulted in the harm experienced. Organise for your doctor to provide copies of your diagnosis, treatment plan and any other material documenting the nature and extent of your injuries.
After your mishap, you should:
Attend a hospital emergency department if injuries are serious
See your general practitioner as soon as possible for less severe injuries
Follow all medical advice and attend all follow-up appointments
Keep detailed records of all medical visits, prescriptions, and treatments
Inform medical professionals that your injury occurred in a public place
Be honest and complete in describing your symptoms and limitations
Most Australians apologise after an accident to be polite, even if it was not their fault. It is important not to take responsibility to preserve your claim and make it harder for the responsible property owner or manager to challenge your claim.
Collecting corroborating material is critical to proving negligence and establishing liability in any public place accident. The more evidence you can gather at the scene, the stronger your claim will be. If you are too injured to collect evidence yourself, ask a family member, friend, or witness to assist you.
The proof you will need to assemble includes:
Medical diagnosis, tests and treatment plans
Incident reports documenting the incident by the property manager
Photos and videos of the accident from security cameras and witnesses. Many venues automatically delete security footage after 7 to 30 days, so request this material immediately to preserve evidence.
Written witness statements from bystanders — do not forget to record their name and contact details, should you have follow-up questions
Receipts and invoices for the costs incurred to manage your injury
Pay slips and superannuation statements demonstrating the lost income
Any evidence you collect needs to capture:
The specific hazard that caused your injury (wet floor, uneven surface, obstruction, etc.)
The surrounding area to show the context in which the hazard occurred
Any warning signs present, or the absence of warning signs where they should have been
Lighting conditions and any visibility issues
Your injuries, if visible (bruising, swelling, bleeding, etc.)
It is also a great idea to write down the sequence of events that led to your injury while your memory is still fresh — you will be able to remember more minor details that are important to prove negligence. Also, note down any conversations you had with staff, detailing what was said.
As part of the Public Liability insurance claim process, you will need to formally give notice to the property owner, occupier, or local council. This notification serves several purposes: it creates an official record of the incident, it allows the responsible party to investigate, and it may trigger their obligation to report the matter to their insurer.
When making your report:
Provide clear details of what happened, when, and where
Request written confirmation of your report
Obtain a reference number or incident report number
Keep copies of all correspondence, including emails and letters
Follow up in writing if you initially report by telephone
If you have already engaged a Public Liability Lawyer, they can handle this notification on your behalf and ensure all procedural requirements are met.
Hiring a Public Liability Lawyer can provide you with the support to protect your rights and maximise your prospects of success. They are also key to helping you navigate complex laws, strict procedural requirements and limitation periods.
To ensure you can launch a public place injury claim with clarity, Brydens Lawyers offers free* initial consultations where we assess the merits of your claim, explain the legal process, and advise you on the best path forward. (*Conditions apply).
During this consultation, we will:
Review all the evidence and documentation you have gathered
Assess whether negligence can be established
Evaluate the strength of your claim
Explain the likely timeframe and process
Advise on the compensation you may be entitled to recover
Discuss our No-Win, No-Fee* arrangements for eligible claims. (*Conditions apply)
There is no obligation following a consultation, but the earlier you seek legal advice for liability claims, the better positioned you will be to preserve evidence, meet deadlines, and avoid common pitfalls that can compromise your case.
Once you have engaged legal representation, your Public Liability Lawyer will prepare and submit a formal claim to the responsible party and their insurer.
This claim includes:
A detailed statement of the circumstances of your injury
Medical evidence documenting your injuries, treatment, and prognosis
Proof of the negligence that caused your injury
Quantification of your losses, including medical expenses, lost income, and other damages
The formal claim initiates the Public Liability insurance claim process with the insurer. The insurer is required to investigate the claim, assess liability, and respond within a reasonable timeframe, typically within 4 months.
The majority of Public Liability claims in NSW are resolved through mediation between your lawyer and the insurer, without the need for court proceedings. Your lawyer will engage in ongoing negotiations, responding to the insurer’s investigations, addressing any questions or concerns, and advocating for a fair settlement that reflects the full extent of your losses.
If a settlement cannot be achieved through mediation, your lawyer may recommend commencing court proceedings. Typically, Local Courts hear claims below $100,000 while District Courts address those over that threshold.
Court proceedings involve formal legal processes, including the exchange of evidence, expert reports, mediation, and potentially a trial before a judge.
Throughout this process, Brydens Lawyers remains committed to securing the maximum compensation you are entitled to.
Depending on what your Public Liability Lawyer has negotiated or what the judge has awarded after successful prosecution, you will receive remediation for the harm that you suffered. In NSW, personal injury compensation will match the severity and extent of the injury sustained, which includes:
Non-economic loss, which provides for damages for pain and suffering
Past and future expenses for medical treatment
Loss of income and superannuation benefits
Medical aids and equipment, such as wheelchairs, home nursing and modifications to your home and car to make them more accessible
Costs to account for the impact of continued disabilities
A contribution towards your legal costs and disbursements.
Strict claim time limits in NSW apply, making submitting a general liability claim as soon as it happens just as important as seeking medical treatment to address your injury. In most cases, you have up to three years to pursue a claim. This period applies:
3 years from the date of the injury, or
3 years from when you first became aware (or ought reasonably to have become aware) that you had suffered an injury
While you have three years to act, never delay making your claim. If you leave it too late, evidence can be lost, and you may forget small details that can be used to describe the sequence of events, making it easier for the defence to challenge your case.
The court has a limited discretion to extend the limitation period under section 60G of the Limitation Act 1969 (NSW) where it is just and reasonable to do so. However, you should not rely on this — this discretion is exercised sparingly and only where there is a satisfactory explanation for the delay.
Limitation periods for minors are often misunderstood. In NSW, the standard 3-year period applies to minors who have a capable parent or guardian. Extra time is only available in specific circumstances, such as when no capable guardian exists or when a parent or close associate caused the injury. People with disabilities may also have extended timeframes. Because these rules are complex and case-specific, it is essential to consult a specialised Public Liability Lawyer to understand whether you have a valid claim.
Even strong claims can be compromised or defeated by common mistakes made in the early stages following an injury. Here’s what to avoid:
Delaying reporting your injury to the responsible party can compromise your claim in several ways, such as:
Without a recent incident report, the insuring agent may argue that you are fabricating or exaggerating the circumstances of your injury.
Delayed reporting means the responsible party has no opportunity to investigate the scene.
The hazard may be repaired or removed, witnesses may have left, and surveillance footage may be deleted.
A public place injury claim succeeds or fails based on the strength of the evidence. The burden of proof rests with you as the claimant. You must prove, on the balance of probabilities, that the responsible party owed you a duty of care, breached that duty through negligence, and that breach caused your injury.
It is common for businesses and other organisations to automatically delete footage from security cameras after a certain amount of time has passed, making it impossible to collect evidence. You, as well as any witnesses, may forget details necessary to prove negligence.
Many injured people underestimate the severity and long-term consequences of their injuries, particularly in the immediate aftermath when adrenaline may be masking pain. If you accept a settlement too quickly, you may fail to collect enough compensation to cover the cost of your medical treatment throughout your life.
After you report an incident, the responsible party’s insurer may contact you requesting a recorded statement. Be cautious — insurers often use leading questions to minimise your injury’s severity, establish partial fault, or highlight pre-existing conditions to reduce or deny your claim.
You have no legal obligation to provide a statement without legal representation. Politely decline any such requests and advise them that you have engaged a Public Liability Lawyer who will be in contact.
Strict time limits apply to when you can submit a Public Liability claim in NSW. Only in exceptional instances will the court grant an extension. Additionally, the risk of losing evidence can increase the opportunity for the defence to successfully challenge your claim.
Even during occasions where the responsible party accepts fault, it is in their interest to minimise how much you will be compensated. They may employ various tactics to pressure you to take an inadequate payment before you seek legal representation.
Common tactics insurers use include:
Making low offers before you have obtained full medical evidence.
Pressuring you to accept an offer quickly before you seek legal advice.
Suggesting that if you reject their offer, they will make no further offer or will defend the claim, leaving you with nothing.
Making offers that sound large in isolation but actually fail to account for future losses and long-term impacts.
Whether you are unsure whether you have a Public Liability case, where to start or are unhappy with the compensation a different lawyer settled for, Brydens Lawyers have the experience and expertise needed to ensure you are awarded the maximum damages you are entitled to
We negotiate assertively on your behalf and ensure that any settlement offer fully compensates you for all your economic and non-economic losses. If an insurer refuses to make a reasonable offer, we are fully prepared to commence court proceedings and pursue your claim to trial. To ensure nothing stops you from defending your rights, we operate under a No-Win, No-Fee* policy, so you only have to pay if we successfully prosecute your claim. (*Conditions apply).
Do not settle for less than you deserve — book a consultation online to get the answers you need.
We're here to assist you in claiming the compensation you deserve on a No Win, No Fee* basis. Enquire now to start your claim today. *Conditions apply.