Summary

A Public Liability claim is one that involves an injury or illness occurring on public or private property as a result of fault or negligence by the authority responsible.

Examples of such claims include claims arising as a result of injuries or illness due to:

  • a slip, trip and fall
  • physical or sexual assault
  • accident at a school, college or a university
  • animal attacks
  • food poisoning
  • recreational accidents
  • accidents at the premises of a company or other organisation

Frequently Asked Questions

Do I have a claim for compensation?

This depends upon whether or not the accident or injury occurred as a consequence of the fault of someone else.

Who Can I bring the claim against?

The claim can be made against the ‘occupier’ of the property (usually the owner or tenant) who can often rely on public liability insurance to pay compensation if the claim is successful.

What can I claim compensation for?

This depends on a number of factors, including your age and work situation. Generally speaking, compensation can be claimed for:

  • pain and suffering.
  • loss of enjoyment of the amenities of life.
  • any past loss of earnings.
  • any future loss of earnings as a result of lost capacity to work.
  • past and future medical expenses.
  • paid or gratuitous care and assistance by family, friends or hired help.

What has to be proven for my claim to be successful?

The following three things must be proven:

  1. You were owed a ‘duty of care’ by whoever was at fault.
  2. The person or organisation at fault failed to provide this duty of care.
  3. You suffered injury and loss as a consequence.

What is a ‘Duty of Care’?

A duty of care is an obligation that an organisation or individual has to take reasonable steps to prevent injury and loss.

Are there any important time limits to bring a claim?

Yes. In Queensland, you have three (3) years within which to file a claim from the date you suffered your injury.

Who pays me the compensation?

We seek to claim compensation from the insurance company of the party, organisation, or public body that’s at fault. Most parties or organisations in such situations have public liability insurance to cover this situation.

How much compensation can I claim?

This depends on a whole range of factors including the seriousness of your injury, your age, any past loss of income and your future prospects.

Essentially, you can claim for the loss you have suffered as a result of the injury.

How long does a claim for compensation take?

Generally speaking we strive to complete claims within two (2) years if we have to go to court.

It may be shorter through an out of court settlement, depending upon how reasonable the insurance company that is liable to pay adequate compensation.