Reviewed By: Kevin Wong, Director and Personal Injury Lawyer
Last Reviewed: 5 June 2026
A public liability claim in Perth lets you recover compensation when someone else’s negligence causes you injury on their property or in a public space. If you slipped on a wet supermarket floor, tripped over broken pavement, or fell because of poor lighting in a car park, the property owner or occupier may owe you money for your medical costs, lost wages, and pain. In Western Australia, these claims are governed by the Civil Liability Act 2002 (WA) and the Occupiers’ Liability Act 1985, and you typically have three years from the date of injury to start proceedings.
Slip-and-fall injuries aren’t a niche problem. Safe Work Australia’s 2025 statistics report found roughly 32,000 serious claims tied to falls, slips and trips in 2023–24. That’s 21.8% of all serious workers’ compensation claims nationally. The median compensation paid for those claims sat at $17,800, with a median time off work of 8.6 weeks. And that’s only counting workplace injuries. Public liability claims from shopping centres, footpaths, restaurants and rental properties aren’t captured in those numbers at all.
The insurance side tells an equally stark story. The Insurance Council of Australia’s October 2025 civil liability report showed average public liability premiums had jumped 55–60% since 2019. Some live music venues saw their premiums climb from $10,000–$20,000 to $140,000–$160,000 a year. Premiums don’t jump like that because people get clumsier. They jump because more injured Australians are exercising their legal rights.
I’ve worked on campaigns for personal injury firms across Australia, and the pattern is always the same. People assume their injury was bad luck. They don’t report it. They don’t photograph anything. Then six months later, when the knee still doesn’t bend properly and the physio bills are stacking up, they start asking questions. By then, the CCTV footage is gone and the property owner is pretending nothing happened.
This article won’t cover workers’ compensation claims or motor vehicle accidents. Those are different legal frameworks with different rules. We’re talking specifically about public liability claims in Perth and across Western Australia.
What is a public liability claim in Western Australia?
A public liability claim is a legal action you take when you’re injured on someone else’s property because they failed to keep it safe. Property owners, building operators, landlords, shopping centre managers, local councils, and government agencies all have a legal duty to prevent foreseeable harm to people who enter their space.
In WA, public liability claims are built on the Civil Liability Act 2002 and the Occupiers’ Liability Act 1985. The first sets the rules for negligence (duty of care, breach, causation, damages). The second specifically targets obligations of property owners and occupiers to maintain safe conditions. Between these two pieces of legislation, the law expects anyone who controls a space to take reasonable steps to remove or warn about hazards.
Slips and falls are the most common type. Safe Work Australia’s data shows 68.3% of fall claims involve falls on the same level (think wet tiles, uneven surfaces), while 24.4% involve falls from a height and 7.3% involve stepping, kneeling or sitting on objects. But public liability claims also cover dog attacks, injuries from falling objects, assaults where inadequate security played a role, and accidents caused by defective fixtures.
What are the most common causes of slip and fall accidents?
Most slip and fall injuries come down to lazy maintenance. A spill left on a tile floor for twenty minutes. A cracked footpath the council knew about and ignored. Loose carpet in a hotel hallway.
The specific causes I see most often include wet or slippery surfaces (the classic supermarket aisle scenario), uneven or damaged flooring, obstructions in walkways like abandoned cabling or uncovered ground access points, missing or inadequate warning signage, poor lighting in stairwells, corridors or car parks, structural failures like loose handrails or broken stairs, and poorly anchored furniture and fixtures.
And here’s something the industry doesn’t talk about enough: flooring marketed as “slip-resistant” per National Construction Code standards often fails in real-world conditions. Grease, improper cleaning products and poor maintenance degrade that slip rating fast. Installers report rapid loss of classification without ongoing testing protocols. So a property owner who ticks the compliance box at installation and then ignores maintenance for two years is creating the exact kind of hazard that generates public liability claims at rental properties and commercial premises.
How does duty of care work for public liability claims in Perth?
Under WA law, anyone who owns or occupies property owes a duty of care to the people who enter it. That means they need to take reasonable steps to make the space safe and to warn people about risks they can’t immediately fix.
For a shopping centre in Perth’s CBD, that might mean mopping up a spill within minutes and placing a wet floor sign. For a local council, it might mean repairing a footpath crack that’s been reported twice already. For a landlord in Baldivis, it might mean replacing a broken outdoor light that tenants have complained about.
Specifically, property owners and operators must post warning signs for known hazards, clean up spills quickly, repair damaged surfaces, close off areas during maintenance, improve lighting where visibility is poor, and install reasonable security measures. When they don’t do these things and someone gets hurt, that’s a breach of duty of care.
One thing most articles get wrong: “If the hazard was open and obvious, you have no case.” That’s outdated advice. Australian occupiers’ liability law under state Civil Liability Acts focuses on the reasonableness of the occupier’s response. Obviousness is a factor, but it’s not an automatic defence. Courts still ask whether the property owner took reasonable steps, even if the hazard was visible.
What do you need to prove for a successful public liability claim?
Four things. You need to show the property owner or occupier owed you a duty of care (they almost always do if you were lawfully on their property). You need to show they breached that duty. You need to prove the breach directly caused or materially contributed to your injury. And you need to show the injury was reasonably foreseeable.
The third element trips people up most often. I’ve seen claims fail because the injured person couldn’t draw a clear line between the hazard and their injury. If you slipped on a wet floor but can’t prove the floor was actually wet at the time (no photos, no witnesses, no CCTV), the claim gets harder. That’s why evidence collection in the first 24 hours matters more than anything else you’ll do.
How long do you have to file public liability claims in WA?
In Western Australia, the Limitation Act 2005 (WA) gives you three years from the date of injury to start court proceedings. Miss that deadline and you lose your right to claim, regardless of how strong your case is.
There are limited exceptions. Children under 15 at the time of injury have six years from the date of injury. If you were 15, 16 or 17 when the accident happened, you need to file before you turn 21. And if your injury wasn’t immediately apparent (say a soft tissue injury that only showed up months later), the clock may start from the date you became aware of it.
But don’t rely on exceptions. Courts in WA interpret these deadlines strictly. I’ve seen people with solid cases get locked out because they waited too long. Actually, the real danger isn’t the three-year deadline itself. It’s the evidence that disappears in the first few weeks. CCTV gets overwritten. Witnesses forget details. Property owners repair the hazard and claim it was never there. Practitioners and insurers both flag delayed notification as one of the most expensive mistakes in premises liability. Allowing the scene to be altered or cleaned can easily cost you $10,000–$50,000 or more in reduced settlement value.
Get legal advice about your public liability claim as soon as possible after the accident. Not in six months. Not when the pain doesn’t go away. Now.
What can you recover from public liability claims in Perth?
If your claim succeeds, you can recover compensation for non-economic loss (pain and suffering), past and future medical and rehabilitation costs, lost wages and superannuation, the cost of domestic assistance (if you needed help around the house), home or vehicle modifications required because of your injury, and reasonable legal costs.
Payouts vary enormously depending on injury severity. Based on 2025 industry data, mild soft-tissue injuries typically settle in the range of $10,000–$50,000. Moderate to serious injuries (fractures, ligament damage requiring surgery) fall between $50,000 and $500,000. Severe or permanent injuries, like spinal or brain injuries requiring ongoing care, can reach $500,000 to $2 million or more. These are broad ranges and every case turns on its own facts, so treat them as a guide, not a guarantee.
The Civil Liability Act 2002 (WA) does place caps on non-economic loss. And here’s a take that most articles won’t give you: many factors can reduce your payout. If the court finds you were partly at fault (say you were looking at your phone when you tripped), your compensation gets reduced proportionally. That’s called contributory negligence, and insurers in WA use it aggressively. State-by-state differences matter too. NSW has stricter thresholds (15% of the “Most Extreme Case” for non-economic loss). QLD uses an Injury Scale Value with fewer caps. WA sits somewhere in the middle, but knowing the local rules is the difference between a fair outcome and a lowball offer.
What should you do after a slip and fall in Perth?
The first 48 hours after your accident will make or break your claim. Most people get this wrong.
Get medical treatment straight away. Even if you feel fine. Concussions, soft tissue injuries and spinal issues often don’t show symptoms for days. Your medical records become the most important piece of evidence linking your injury to the accident. They also shut down arguments that your injury was pre-existing.
Report the incident immediately. Tell the property owner, building manager or relevant authority. If it happened in a shop or shopping centre, make sure they log it in their official incident report. Ask for a copy. If they refuse, note the date, time, and who you spoke to.
Collect evidence before it disappears. Take photos of everything: the hazard, the surrounding area, your injuries, any lack of warning signs. Get names and phone numbers from witnesses. And here’s the one most people miss: ask about CCTV footage immediately. Many security systems overwrite footage within 7–30 days if nobody requests it. Ask the property owner directly: “Do you have contemporaneous maintenance logs and preserved CCTV?” That single question puts them on notice and creates a record that evidence existed.
Keep records of every cost. Medical bills, prescriptions, travel to appointments, lost income, superannuation impacts. Keep a personal diary noting your pain levels, mobility limitations and emotional state. This becomes evidence for your non-economic loss claim.
Don’t give statements to insurers without legal advice. Insurance companies are not on your side. Their adjusters are trained to get you to say things that reduce your claim. Don’t admit fault. Don’t sign anything. Don’t accept an early settlement offer without having a personal injury lawyer review it first.
Talk to a public liability lawyer. Self-represented claimants typically recover significantly less than those with legal representation. Industry data suggests the gap can be 30–50% lower net recovery when you try to handle it yourself. The claims process in WA has specific procedural requirements and strict deadlines. An experienced personal injury team, one that understands how to build a case in the Perth legal market, can make the difference between a rejected claim and proper compensation. Firms like Soul Legal offer no-win, no-fee arrangements, which means you don’t carry the financial risk of taking action.
FAQs
Can I make a public liability claim if I was partly at fault for my slip and fall?
Yes. Western Australia applies contributory negligence, which means the court reduces your compensation based on your share of fault. If you’re found 20% responsible (for example, you ignored a warning sign), your payout drops by 20%. You don’t lose the entire claim unless the court decides your negligence was the sole cause of the injury. Insurers raise contributory negligence in most disputed claims, so expect it.
What is the average slip and fall settlement in Australia in 2025?
There’s no single national average, but 2025 industry data gives useful ranges. Mild soft-tissue injuries typically settle between $10,000 and $50,000. Moderate to serious injuries (fractures, ligament damage, surgery) fall between $50,000 and $500,000. Severe or permanent injuries involving spinal or brain damage can reach $500,000 to $2 million or more. These figures vary by state due to different Civil Liability Acts and caps on non-economic loss.
Do I need a lawyer to make a public liability claim in Perth?
You’re not legally required to have one, but I’d strongly recommend it. Self-represented claimants typically recover 30–50% less than those with legal representation. Public liability claims involve proving negligence, meeting strict procedural requirements and negotiating with experienced insurance adjusters. With 146,700 serious compensation claims lodged across Australia in 2023–24 according to Safe Work Australia, insurers are well-practised at minimising payouts.
What if the hazard was “open and obvious”? Can I still claim?
Yes. This is one of the most repeated and most misunderstood pieces of advice online. Under Australian occupiers’ liability law, a hazard being obvious is a factor, but it’s not an automatic defence. Courts assess whether the property owner took reasonable steps to address the risk. If a shopping centre knew about a recurring puddle near an entrance and put up no signage and installed no drainage, the “obvious” argument won’t save them.
How quickly do I need to report a slip and fall for a public liability claim?
As fast as possible. While the formal limitation period in WA is three years, early reporting is about preserving evidence, not just meeting deadlines. CCTV footage typically gets overwritten in 7–30 days. Maintenance logs can be altered. Witnesses move on. Industry practitioners consistently flag delayed notification as the single most expensive mistake in premises liability claims.
Can I claim for emotional distress after a slip and fall injury?
Yes. Non-economic loss in WA includes psychological harm and emotional distress caused by your injury. You’ll need medical evidence (typically from a psychologist or psychiatrist) to support this part of your claim. Conditions like anxiety, depression, PTSD and adjustment disorder can all form part of a public liability compensation claim. Safe Work Australia data shows claims for mental health conditions now account for 12% of all serious claims nationally, and median time off work is nearly five times longer than for physical injuries.
Rebecca Sorgiovanni is the Director of Soul Legal, a trusted Perth-based injury compensation lawyer with over two decades of experience representing injured clients in complex litigation and tribunals across Western Australia.
