Injured in a Public Place

If you’ve been injured in a public place in Australia, you can claim compensation through public liability law when the injury resulted from someone else’s negligence. Public liability claims cover injuries occurring in shopping centres, parks, footpaths, sporting facilities, hospitals, and other public spaces, whether publicly or privately owned.

Key Facts About Public Liability Claims

• Compensation eligibility: You can claim if your injury was caused by another person’s or organisation’s failure to maintain safe premises
• Common claim types: Slip and fall accidents, uneven surfaces, inadequate maintenance, dog attacks, and physical assaults
• Who pays: Claims are typically made against the property owner’s public liability insurance
• Legal principle: Based on “duty of care”, owners must ensure public safety on their premises
• No upfront costs: Many Australian lawyers offer no win, no fee arrangements

Time-sensitive: Contact a public liability lawyer immediately after your injury to protect your rights and preserve evidence. Document the incident location, medical treatment, lost income, and keep all correspondence with liable parties.

What is Defined as a Public Place?

According to the law, public places can be both publicly and privately owned. Some examples include:

• Parks and gardens
• Sporting fields
• Shopping centres
• Footpaths
• Transport facilities
• Schools
• Hospitals

What is Public Liability?

At its simplest, public liability law deals with a situation where a person is injured due to the negligence of another person. This is related to the concept of ‘duty of care’, where either private or public owners have a legal responsibility to ensure the safety of people who occupy a public place. It is essential that those that own public places have public liability insurance, to protect people that use these facilities. As a result, claims for compensation resulting from injury are usually made to insurance companies. 

Examples of Public Liability Claims

There are several examples of public liability claims, some of which include:

• Slip and fall incidents
• Physical assault
• Dog attacks
• Water sport accidents
• Rental accidents

How to Make a Claim?

To make a public liability claim, an important first step is to contact a lawyer that deals with public liability claims. They will be able to step you through the whole process and support you along the way. There are a few things to have on hand which will help you build your case, including:

• Photos of the location of the injury

For example, if the injury occurred in a shopping centre on an uneven surface, it is helpful to have pictures to demonstrate the safety hazard.

• Keep records of the events and aftermath

It is important to have a written record of the sequence of events that happened including the injury, following medical treatments and resulting costs.

• Loss of Income

If your injury has affected your ability to earn income, it is important to make a record of how much income you have lost because of the incident.

• Responses from those liable

If you have sent email correspondence to those who you believe are liable for your injury, it is essential to keep copies of these to help your case.

• Medical Records

If you received medical treatment for your injury, ensure that a list of all medications, x-rays, scans, appointment dates and other information is all stored.

If you have been injured in a public place and made a claim, Soul Legal is able to guide you through the compensation process. Soul Legal is a law firm dedicated to protecting the rights of all Western Australians. We are no win no fee lawyers, meaning that we do not charge clients unless their case is successful. We pride ourselves on our passionate and personalised service that we offer to our clients.