Navigating public liability claims in NSW

Injuries that occur in public spaces, whether at the shops, parks/playgrounds or sporting venues (just to name a few), can be life-changing. When someone else’s negligence causes you harm (physical and/or psychological), you may be entitled to make a public liability claim to seek compensation for that harm.

But navigating the claims process in NSW can seem overwhelming if you don’t know where to start. This guide will walk you through the steps of making a public liability claim in NSW, so you can understand your rights and seek the compensation you deserve.

What is a public liability claim?

Public liability claims allow individuals to seek compensation when they are injured in a public place due to the negligence of property owners or operators. This includes things like tripping on an uneven footpath or slipping on a wet floor in a shopping centre.

Compensation is available under the Civil Liability Act NSW 2002 as follows:

• Non-economic loss (permanent impairment and pain and suffering);
• Out-of-pocket expenses (past and future medical expenses);
• Economic loss (past and future loss of earnings and superannuation);
• Cost of other assistance (domestic assistance, personal care provided by friends, family, or professional organisation – past and future.

Clarifying the term “public” liability

There is a common misconception that the word “public” means you can only claim for an injury if it occurred in a “public” place (e.g. a shopping centre, car park etc.) In fact, injuries that happen in both public and private spaces are covered by public liability law.

Public liability is also known as “occupiers’ liability” and covers private, public and rental property accidents, which includes short-term lodging (for example, an Air BnB and other holiday rentals).

Common locations and venues that can be exposed to public liability claims

Injuries that could lead to a public liability claim can occur in a wide range of locations, including publicly and privately owned properties and event venues like festivals and agricultural shows.

Some common locations/venues include:

• Accidents on public property – in a park or on a footpath;
• School premises;
• Public transport;
• Supermarket/shopping centre;
• Sporting and recreational clubs and venues;
• Assault related injuries;
• Amusement venues;
• Rental premises (e.g. Landlord/tenant);
• Private property – gyms, hotels, shopping centres;
• Dog attacks;
• Slips, trips or falls.

When can you make a public liability claim?

Public liability is a vast category of law and there is no conclusive list of accident types. However, an accident is generally covered by public liability if it results from an individual’s or organisation’s negligence.

Below is a list of some common scenarios that can result in a public liability claim.

• Physical injury caused by unsafe conditions, like wet floors or damaged walkways;
• Injuries occurring in public events or facilities, like parks or sports venues;
• Accidents caused by poor maintenance or lack of safety protocols (e.g. broken stairs or poorly lit areas);
• Emotional distress (for example, if you’re injured in an accident and subsequently develop a recognised psychiatric illness or a close family member dies in an accident and you develop a recognised psychiatric illness as an emotional response);
• Property damage (e.g. if a tree falls on your car or house during a storm because it wasn’t properly trimmed or maintained);
• Injuries due to unsafe conditions or poor security at festivals;
• Loss of services (e.g. when an injury occurs due to loss of power as a result of unmaintained energy infrastructure);
• Wrongful death (for example, if someone dies as a result of someone else’s negligence, such as if they die in a car accident that was caused by another driver).

What steps should I take after an injury?

In a public liability claim, the evidence of the incident is vitally important. This is because your lawyer will have to demonstrate that:

• the company or person at fault owed you a duty of care; and
• the company or person breached that duty of care; and
• as a consequence, you were injured and suffered loss.

A few key points to consider if injured in a public place.

• Seek medical attention. Your health comes first. Always get checked by a medical professional. This also creates an official medical record of your injuries.
• Report the incident. Notify the property owner or manager as soon as possible after the incident. This creates an official record.
• Document everything. Take photos and/or video of the scene, your injuries and any hazardous conditions.
• Get witness details. If there were witnesses, collect their contact information.
• Access any surveillance camera footage, if possible.
• Save all your medical evidence, bills, receipts, doctor’s or hospital records and anything else proving you sustained an injury.
• Any financial documents are also important to prove any loss of income as a result of your accident.
• Seek advice from a lawyer who specialises in personal injury claims

GET ADVICE FROM A PERSONAL INJURY LAWYER:  1800 659 114

How to lodge a public liability claim in NSW

To lodge a successful public liability claim, you will need to establish that you are eligible. Here are some points below to establish your eligibility.

• You must have sustained some form of injury – this can include physical injury, emotional injury or financial loss.
• The injury must have been caused by another party. For example, if you just simply trip and fall, you would not be able to file a claim against the person who owns the property where the fall occurred.
• The injury must have been caused as a result of the negligence of a third party. For example, if you slip in a wet supermarket aisle but there was no signage indicating the floor was wet, then the supermarket is negligent.

Once you have established you are eligible to make a claim, you will need to:

• contact the responsible party about the incident;
• gather all your evidence – medical records, photos, witness statements and a written account of what happened;
• find a solicitor who specialises in public liability claims – the sooner, the better. This is important as these types of claims can be complex and time-consuming. When you have found a solicitor, they will assess your case and advise the best course of action.

Time limits for public liability claims in NSW

In NSW, the time limit to file a public liability claim is generally 3 years from the date of injury. However, there are some exceptions to this rule. You should speak with a lawyer if you are unsure if you meet the time limits.

What is the role of a personal injury lawyer?

A personal injury lawyer can assist you in proving liability and gathering all the evidence you will need for a successful claim. They can also help you navigate complicated insurance negotiations or represent you if you need to go to Court.

At Hall Payne Lawyers, we offer no-win, no-fee services for public liability claims, making them accessible for those without upfront funds.

While making a public liability claim can feel daunting, knowing your rights and following the right steps can help you get the compensation you deserve. If you’ve been injured in a public place in NSW, take action quickly! Seek medical attention, gather evidence and reach out to us at Hall Payne Lawyers. With the right support, you can navigate the claims process and get the justice you deserve.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au