The team at vbr Lawyers works exclusively in personal injury law, and public liability claims are a big part of what we do. We’ve put this guide together to give you an idea of how these claims work under Queensland law.
In this guide, we’ll cover:
- What a public liability claim is and how the duty of care works
- When you can file a public liability claim
- What the claims process involves from start to finish
Read on for information about the public liability claims process in Queensland.
What Is a Public Liability Claim?
A public liability claim is how injured people seek compensation when another party’s negligence caused their injury. It can apply in a wide range of situations, including slips and falls in shopping centres and accidents on rental or commercial premises. This section covers what a public liability claim actually includes and how the duty of care fits into the picture.
How Duty of Care Works
Duty of care refers to the legal responsibilities a property owner has to take reasonable steps to keep people safe. In Queensland, that standard is set by the Civil Liability Act 2003. It depends on whether a reasonable person in the same position would’ve taken steps to reduce the risk of harm.
For example, if a shopping centre knew about a slippery floor and didn’t act on it, that could amount to a breach of its duty of care. The same applies to a footpath with broken steps, a car park with poor lighting, or any space where a known hazard went unaddressed.
The law looks at whether the person or organisation responsible took reasonable steps to prevent a foreseeable risk of harm. If they didn’t take proper steps and you were injured as a result, there may be grounds for a public liability claim. Risk Management Insight: Courts often examine how long a hazard existed before the incident occurred.
Who Can Be Held Responsible
Responsibility for a public liability injury doesn’t always fall on the most obvious party. Under Queensland law, liability can also extend to other people or entities connected to the incident (the relationship between the parties involved may also be relevant).
Local councils can be liable for poorly maintained footpaths or council property, while shopping centres and car parks carry responsibility for the safety of their premises. And landlords of rental properties also owe a duty of care to visitors.
In most of these cases, the responsible organisation holds public liability insurance, so the insurer steps in to handle the claim directly.
When Can You File a Public Liability Claim?
You can file a public liability claim when your injury was caused by someone else’s negligence, and you suffered a measurable loss. These claims can involve incidents in places like shopping centres, rental properties, workplaces, sporting venues, and other public or privately managed spaces.
The following conditions need to be in place for a public liability claim to proceed:
- Injury in a Public or Private Place: As mentioned before, the injury must have occurred in a public place or on private property. The places may include shopping centres, car parks, rental properties, and council property.
- A Clear Link Between the Negligence and Your Injury: The defendant’s negligence must be shown to have directly caused the injury. For instance, a financial loss, medical expenses, or property damage needs to result from that negligence.
- A Measurable Financial Loss: Lost wages, past and ongoing medical treatment costs, and property damage all count towards a measurable financial loss in a public liability claim.
- Contributory Negligence May Reduce Your Claim: Contributory negligence can reduce compensation based on the injured person’s share of responsibility. In some cases, under the Civil Liability Act 2003 (Qld), a court may reduce compensation by 100%, which would defeat the claim entirely.
- Your Injury Did Not Happen at Work: Public liability law covers most personal injury cases outside the workplace. For example, WorkCover Queensland handles injuries sustained during the course of employment under a separate scheme.
The strength of a public liability claim usually depends on the available evidence and how clearly responsibility can be established.
What Does the Public Liability Claim Process Involve?
A public liability claim follows a set process. It begins with reporting the incident and moves through to negotiation or, in some cases, court proceedings.
The process can feel overwhelming at first, but each stage has a clear purpose. It’s generally easier to follow when you know what to expect. Here’s a breakdown of every stage in the public liability claims process.
Reporting the Incident
When you report the incident promptly, records and evidence relating to what happened are more likely to be preserved. It’s important to inform the property owner, business manager, or organisation responsible as soon as you can.
It’s also generally recommended to ask for a written record of the report and keep a copy for yourself. Photographs of the scene, any visible hazards, and your injuries can help document the circumstances of the incident.
Witness statements may assist in clarifying what happened as well, particularly where details are disputed later. And if the injury happened on council property, the incident should also be reported to the relevant local council.
Documents and records created shortly after an incident often form part of the evidence considered in public liability claims.
Lodging a Notice of Claim
The Notice of Claim is a formal legal document that officially starts the public liability claim process under PIPA 2002. It’s served on the party you believe is responsible or their insurer. The notice sets out the details of the incident, your injuries, and the losses you’ve suffered.
The notice must typically be lodged within nine months of the injury or within one month of first instructing a lawyer (whichever comes first). The insurer will investigate liability and respond with their position on the claim once they have received the document.
Medical Evidence and Assessments
Did you know that medical evidence often plays a central role in how insurers assess public liability claims? Medical records and reports from treating practitioners help document the nature of the injury, the treatment provided, and how long recovery has taken.
Medical records can also document ongoing care needs and future treatment costs alongside immediate treatment. Independent medical assessments are commonly used in public liability claims to evaluate the extent of an injury and its ongoing impact. A medical specialist examines the injury and prepares a report addressing its extent, recovery outlook, and ongoing impact.
Procedure Insight: Insurers may request updated medical evidence throughout the claim if treatment or symptoms continue to change.
Negotiation and Settlement
A large number of public liability claims move into negotiation rather than court proceedings once liability is established. The insurer then reviews the available evidence and assesses the documented losses before making a settlement offer.
The overall timeline can vary depending on the circumstances, with complex injuries and multiple parties often extending the process.
As part of the negotiation process, the insurer assesses the losses documented throughout the claim. Settlement amounts may then include compensation for medical expenses and past loss of income. However, if a fair settlement can’t be reached through negotiation, the claim may proceed to a court hearing.
Time Limits for Filing
Queensland’s time limits set out how long a person has to take certain steps after an injury. Two separate deadlines apply, and both need to be considered carefully. A missed deadline can affect a person’s ability to proceed with a claim.
The general limitation period under the Limitation of Actions Act 1974 is three years from the date of injury. Separate notice requirements also apply under the Personal Injuries Proceedings Act 2002.
In most cases, the Notice of Claim needs to be lodged within nine months of the injury, or within one month of first instructing a lawyer, whichever comes first.
What to Do After a Public Liability Injury in Queensland
Public liability claims cover a wide range of injuries, including slips in shopping centres, incidents on private property, and accidents on council land. It’s important to understand what the law requires and what the claims process involves before you take any steps.