Public Liability Claims

Find out your rights to compensation if you’ve been injured in a public place due to someone else’s negligence.

Public liability law covers a wide range of circumstances where you may have been injured, or where someone close to you has died, due to the negligent acts of another person or a company. Depending on the way that you were injured, you may have a right to benefits and lump sum compensation in a Public Liability Claim.

What circumstances are covered?

Public liability includes a range of circumstances:

  • Injuries in schools and churches including abuse

  • Falls in public spaces (for example, in a supermarket or playground)

  • Injuries from poorly maintained equipment, footpaths, bike tracks or public spaces

  • Injuries from dog attacks

  • Residential accidents, and others

 
 

Common questions about public liability claims

  • If you were injured on land owned or managed by a Victorian local Council you may be able to bring a claim which includes compensation for pain and suffering, medical expenses and economic loss. Usually you will need to prove:

    1. The Council has acted or failed to act reasonably when maintaining, inspecting or constructing the area.

    2. The Council knew or should have known of the risk.

    3. You suffered a permanent “significant” injury.

    4. The Council’s failure to maintain, inspect or properly construct the area is a cause of your injuries.

    5. In some situations, the Council may have public policy defences available to them.

    6. That your claim is brought within a strict time limit.

    7. Contact a personal injury lawyer to get legal advice about your claim to make sure that your rights and entitlements are protected.

  • In order to bring a claim for a fall, trip or slip in the supermarket you will need to prove:

    1. The supermarket has not taken reasonable care for your safety.

    2. You have suffered a permanent “significant” injury.

    3. You would not have suffered the injury if reasonable care for your safety had been taken.

    4. That your claim is brought within a strict time limit.

    5. Contact a personal injury lawyer to get legal advice about your claim to make sure that your rights and entitlements are protected.

  • The purpose of making a public liability claim is to get compensation for your losses and injuries. If you can prove that your injuries have been caused by negligence, you can claim for losses and expenses which include: past and future care (including care provided for free by loved ones), wage loss, past and future medical expenses, and compensation for non- economic loss (also called pain and suffering). Some of these amounts are capped by law. As at July 2024, the maximum amount of compensation payable for pain and suffering damages in most public liability claims was $741,000. While every injured person’s circumstances and injuries are different, public liability claims for compensation commonly resolve for $200,000 or more.

    Example: A 49-year-old pedestrian suffered injuries to his neck and to his back (which required surgery) after falling 4.5m from scaffolding. A court awarded $300,000 for his pain and suffering.

Victims of Crime Compensation

If you are the victim of a criminal act, you may be entitled to compensation, even if the culprit has not been charged or convicted. Victims of crime compensation can include:

  • Special financial assistance

  • Medical benefits

  • Loss of wages

  • Compensation for stolen items

Strict time limits apply to bringing general compensation claims.

We don’t handle Victims of Crime claims. However, if you have a potential public liability claim and we’re representing you in that matter, we will be happy to guide you on how to pursue a separate Victims of Crime claim.

 
 

Why choose us?

With decades of experience in personal injury law we have the knowledge and insight to get the best outcomes for our clients.

Take the stress out of pursuing a claim and focus on your recovery. We are a compassionate and understanding team with no hidden fees or charges, free initial advice when and where you need it.

 

Key steps

Key steps in a public liability claim

Below, we’ve outlined the key steps in making a public liability claim, from your initial consultation through to gathering evidence, meeting deadlines, and assessing the likelihood of success.

  • 1. Free initial meeting

    Start by discussing your situation with us at no cost. Learn about your potential claim, understand the process, and clarify any concerns before deciding to proceed.

  • 2. Investigate

    We identify whether someone owed you a duty of care, failed to meet that duty, and caused your injury or loss. We then determine whether the law supports your claim and gives you a reasonable chance of success.

  • 3. Assess compensation potential

    We assess your medical expenses, lost income, and pain and suffering, check if you meet the “significant injury” threshold, verify the defendant’s ability to pay, and confirm that you’re still within the legal time limits to file your claim.

  • 4. Court lodgement

    If the evidence supports the claim, we lodge Court documents. The Court can require the parties to take a number of steps to resolve a case before it goes to a hearing.

  • 5. Mediation

    The parties will meet to attempt to agree to resolve the case before the matter goes to a court hearing. A mediation is often the best chance for the parties to agree to resolve the case.

  • 6. Court hearing

    The parties argue their cases in Court. Only a handful of public liability cases are heard in Victorian Courts each year (most resolve at mediation).

 

Ready to take your first step towards resolution?

Been injured in a public place by someone else? Get in touch for a free initial consultation with one of our public liability lawyers to find out your rights and entitlements.