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Public Liability Lawyers In Perth

If you’ve been injured in a public place or by a faulty product in Western Australia, you may be able to claim compensation. Soul Legal runs public liability claims across Perth on a No Win, No Fee* basis. Your first assessment is free, and there’s no obligation to proceed.

Lawyer explaining multiple accident claims process

What public liability covers in Western Australia

Public liability law covers injury caused by someone else’s negligence in a place or product they were responsible for keeping safe. If a business, occupier, manufacturer, or other party failed to take reasonable care and you were hurt as a result, you may have a claim under the Civil Liability Act 2002 (WA).

The common scenarios:

  • Slips, trips and falls. Wet floors, uneven paving, broken steps, poor lighting. The most frequent public liability claims in Perth.
  • Faulty products. Injury from a manufacturing defect, a design flaw, or a missing safety warning. The manufacturer, distributor, or retailer can be liable.
  • Shopping centres, gyms and venues. Injuries where the owner or operator failed to keep the place reasonably safe.
  • Dog attacks. Where an owner failed to control or restrain their animal.
  • Events. Festivals, concerts and sporting venues where safety measures fell short.

If someone responsible for your safety was careless and you were injured, Soul Legal can assess whether you have a claim and what it may be worth.

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Do you have a claim? Run the 4-Gate Check

Most public liability pages list injury types. They rarely tell you whether your situation clears the legal test. In WA, the onus is on you to prove your claim (Civil Liability Act 2002 (WA), s 5D). Before you call anyone, run your situation through these four gates. You need all four.

Gate 1 — Duty. Was someone responsible for the safety of that place or product? An occupier, a business, a manufacturer.

Gate 2 — Breach. Did they fail to take reasonable care? Usually this means a hazard they knew about, or should have known about, and didn’t fix or warn you about.

Gate 3 — Cause and loss. Did that failure actually cause your injury? And have you suffered a real loss from it, such as medical costs, lost income, or pain and a reduced quality of life?

Gate 4 — Time and target. Are you still inside the 3-year limit (Limitation Act 2005 (WA), s 14)? And is there an identifiable party, usually an insured business, to claim against?

Where the 4-Gate Check usually fails:

  • Obvious risk. Under WA law you’re generally presumed to have been aware of an obvious risk, and there’s usually no duty to warn you of one (Civil Liability Act 2002 (WA)).
  • Your own fault. If you contributed to the injury, your compensation can be reduced for contributory negligence.
  • No real loss. A near miss with no injury or expense isn’t a claim.
  • Out of time. Past 3 years, your right to claim is usually gone.

If you’re not sure which gate you’re stuck on, that’s exactly the question to bring to a free assessment.

What compensation covers, and what claims are worth

Public liability compensation is meant to put you back, as far as money can, in the position you’d be in if the injury hadn’t happened. What you can claim falls into a few heads of damage:

  • Medical and treatment costs, past and future: hospital, surgery, rehabilitation, physiotherapy, ongoing care.
  • Loss of income, including past lost wages and reduced future earning capacity.
  • Pain, suffering and loss of enjoyment of life (general damages).
  • Care and assistance, paid or provided by family, and home modifications.
  • Out-of-pocket expenses: travel to appointments, medication, aids and equipment.

What’s my claim worth? There’s no fixed figure, and any lawyer who gives you one before seeing the evidence is guessing. Two claims for the same injury can settle very differently, depending on the strength of the liability evidence, how severe and permanent the injury is, and your future care and income needs. As a general guide only, public liability outcomes range from the tens of thousands of dollars for minor, well-evidenced injuries up to several hundred thousand dollars or more for serious injuries with lasting effects.

Knowing and Protecting Your Legal Rights
The Soul Legal Injury Compensation Lawyers Experience

No Win, No Fee, and the costs no one explains

No Win, No Fee means you don’t pay Soul Legal’s professional fees unless your claim succeeds.* The part most pages skip is disbursements, and it’s the single most useful question to ask any lawyer before you sign.

How the fees work. If your claim succeeds, by settlement or judgment, the majority of legal fees are usually recovered from the other side. Any gap that can’t be recovered is deducted from your settlement at the end. If your claim isn’t successful, you don’t pay Soul Legal’s professional fees.

Disbursements, explained. These are the out-of-pocket costs that build up along the way: medical reports, expert opinions, court filing fees. They’re separate from professional fees. Some firms make you fund them no matter the outcome. Soul Legal is on the Legal Aid WA Panel, so for eligible clients with meritorious claims who can’t fund disbursements, these may be covered by Legal Aid.

The honest part: adverse costs. If a matter goes to court and the other side succeeds in defending it, a court can order you to pay some of their legal costs. This is uncommon in personal injury claims, but it’s a real risk, and we’ll explain exactly how it applies to your situation before you commit.

How long you have to claim in WA

In Western Australia, you generally have 3 years from the date of your injury to start court proceedings for a public liability claim (Limitation Act 2005 (WA), s 14). Miss that deadline and your right to compensation can be lost, however strong the claim is.

  • The clock usually runs from the date of injury, or in some cases from when you reasonably became aware of it.
  • Courts can extend time in limited circumstances, and different rules apply to children and people with reduced capacity. Extensions are hard to get and shouldn’t be relied on.
  • Insurers should also be told of your intention to claim early. Evidence fades fast: witnesses move, memories blur, and CCTV is often overwritten within weeks.
Personal injury claim evidence documentation
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100 Years Combined Experience

Soul Legal’s directors Kevin Wong and Rebecca Sorgiovanni have been practising personal injury law since 1991 and 1997 respectively. Together with their wider team, Soul Legal brings more than 100 years of combined experience to every compensation case they handle.

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Proven Track Record

Soul Legal has a strong track record of delivering real results, with hundreds of successful compensation claims totalling millions of dollars for their clients across Perth.

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Trusted By Local Government Workers

Soul Legal is the trusted legal partner of the Local Government, Racing and Cemeteries Employees Union, an organisation founded in 1903. That level of long-standing institutional trust reflects the quality and reliability of the legal service Soul Legal consistently delivers.

How Soul Legal handles your claim

You work directly with a qualified lawyer who handles your matter from the first call to resolution. Not a call centre, not a rotating file. The process:

  1. Before your first consultation, you get a secure upload link to send your documents (incident reports, medical records, photos), so we can review them in advance.
  2. At the consultation, we assess whether your claim clears the legal test, set out your options, and go through the No Win, No Fee retainer with a costs estimate.
  3. We build the evidence: medical evidence, witness statements, and expert reports where needed.
  4. We wait, where it matters, for your injuries to stabilise. For serious injuries this can take a year or more, because a fair figure can only be worked out once your doctors can describe your long-term prognosis.
  5. We negotiate with the insurer to settle without court where possible. Most matters resolve this way.
  6. If a fair settlement can’t be reached, we can take the matter to court where appropriate.

If you can’t travel to us, we can meet by phone or video, and in special cases we can visit you at home or in hospital.

NO WIN – NO FEE*

Call Soul Legal Now – Your Compensation Claim Starts Here

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(08) 6558 1786

Five mistakes that can weaken a claim

Small early decisions can cost you later. These are the ones we see most often.

  1. Treating it yourself and hoping it heals. Gaps in treatment get used against you. Report every injury to your doctor early and follow the advice you’re given.
  2. Giving a statement to an insurer before getting advice. You’re not obliged to. Speak to a lawyer first so you understand your rights.
  3. Posting about it on social media. A photo at a party can be taken out of context and used to undermine your claim.
  4. Forgetting that insurers run surveillance. Make sure what you do matches what you tell your doctors and treatment providers.
  5. Waiting. The 3-year clock is running, and the evidence you need is disappearing.

Why work with Soul Legal

Soul Legal is an established Perth personal injury firm. Public liability claims are part of a personal injury practice built across the WA compensation system, including workers compensation and motor vehicle accident claims.

  • Experience you can verify. Director Kevin Wong has practised personal injury law since 1991, and co-director Rebecca Sorgiovanni since 1997. Over 60 years combined between the two directors.
  • No cost to start. No Win, No Fee*, plus Legal Aid WA Panel membership that can fund disbursements for eligible clients.
  • You deal with a lawyer. A qualified lawyer handles your matter from start to finish.
  • Institutional trust. Soul Legal acts for the Local Government, Racing and Cemeteries Employees Union, a body founded in 1903.
  • Two WA offices. Perth CBD and Baldivis, with home and hospital visits where you can’t travel.

Testimonials

Soul Legal is Perth’s Leading Personal Injury Compensation Law Firm

I had a horrific accident in 2016. I was nearly killed. I went to Soul Legal lawyers and saw Kevin Wong and I have never been happier. Kevin took on my case and everything could not have gone better. Thanks to Kevin Wong and Soul Legal. I am more than thrilled and thankful that I have received a settlement and I more than recommend Kevin and Soul Legal. To anyone who has anything at all, I say go to see Kevin Wong and Soul Legal and know that you can't go wrong .
Dawn A LewisPerth Resident 6000
I am so happy with my outcome regarding my claim against my unfair dismissal case. Rebecca from Soul Legal fought hard for me, nothing but high praise for your company. Thanks again.
Thomas RPerth Resident 6000
Kevin Wong from Soul Legal - Most trustworthy, honest and competent lawyer. Would fight the case for you and stand by you. I would cordially recommend him for any case that requires skills and personal efforts.
J. UPerth Resident 6000
Rebecca Sorgiovanni - Thanks again so much for all you did for me and your support through a most difficult time. I wish all the very best to you and your team. Many thanks.
S. HPerth Resident 6000
Rebecca, we are very grateful for your efforts and you have been exemplary to deal with in every way - I am very grateful that you crossed my path as it restores some faith back to me that there are still good people on this planet with kind souls fighting the good fight. I truly admire you and your practice for this. Thank You.
L. LPerth Resident 6000
I would like to take this opportunity to thank you for the diligence, perseverance, professionalism and support you have shown as I fought for the 'principle' of the matter. I have already started recommending your firm to others.
Karen HRockingham Resident 6168
I can't thank Rebecca enough for helping me through an extremely tough time. Not only was she extremely professional but very understanding and caring to my personal needs. I found Rebecca to be very knowledgeable and I highly recommend her services.
M SPerth Resident 6000
Kevin - Thank you so much for your kindness and professionalism. Your help was such a strong anchor while my decision making skills were low. I really appreciate the effort and assistance. I will always highly recommend you and your team to anyone else I know that may need you.
Sue HWaikiki Resident 6169
Rebecca at Soul Legal took on a Workers Compensation claim I had due to a work accident. Her advice and expertise in that particular area of law was first class. Everything was explained to me and she negotiated a settlement with my employment insurer in an extremely professional manner which was financially above my expectations. I highly recommend that if you have any legal matter you need to resolved to contact Soul Legal to discuss. Simon Hayles
Simon HaylesPerth Resident 6000
"Kevin made a stressful period much more manageable. After my crash I was extremely affected and having his professional support and guidance throughout ensured that all areas of claim were covered which meant the outcome was positive and I could continue my recovery without restrictions." Ursula Beattie
Ursula BButler Resident 6036
Thank you so much Kevin and Lyle. Rate your office 10/10. I can't find people like you: easy to deal with, so calm, understanding, friendly and happy, helpful and of course very sympathetic to people. One of a kind. People need you in our community. I will not hesitate to recommend you to the people I know that really need your service. Thank You
V WPerth Resident 6000
Thanks so much for everything Rebecca, you are great at what you do, not only that, but you have been so supportive of me during the whole ordeal as well and I appreciate that so much
Shana BBaldivis Resident 6171
I have over the past five years, come to know the team at Soul Legal. I have found them to be honest, reliable, professional, comprehensive, strategic, one step ahead and a powerful opponent. When you hire Soul Legal to manage your case, you have hired a team of legal advocates who care, who will keep you informed, who will fight for you and be the voice you need to represent you again. Rebecca Sorgiovanni and her team are some of the most amazing, caring lawyers out there. P. Revson
P. RevsonBaldivis Resident 6171
Kevin Wong is the best lawyer and is very friendly. I'm so happy with his job. Many thanks Mr. Kevin for your help
L VBertram Resident 6167
Kevin, I would like to take this opportunity to thank you and your team for your counsel, support and advice throughout the process. It has been nothing but exceptional and I'm very happy with all services provided, being available anytime to discuss my concern via calls was great. I wish the best for your firm moving forward, and will definitely recommend Soul Legal should I know anyone needing counsel in the future
K GVictoria Park Resident 6100
Kevin, thank you SO SO much to you and the Soul Legal team for all of your help with my case, negotiating the settlement and making the whole process so easy. I am so grateful! I wish Soul Legal all the best and will definitely recommend you if the need ever arose
Natalie BShelley Resident 6148
Lara, I cannot thank you enough for all the calls, emails we had, and during both conciliations you were so supportive, giving me the best piece of advice, I could express myself freely. I have to say I prayed a lot for this case and my God didn’t let me down. I knew we were going to win during the second conciliation although the odds were here. Lara, you were fantastic and everyone (my physio and my gp) did ask for your name so they can provide to other clients in need.
P. MCloverdale Resident 6105
My heart is full of gratitude for the work you have done in handling my case. From the beginning to the end, it was a really daunting and stressful time I went through with the insurance being inconsiderate however I appreciate your effort and perseverance fighting this case. I would highly recommend people to choose Soul Legal, not only for the service but also for the amazing staff members.
P. MuthyaluCloverdale Resident 6105
Rebecca, thank you from the bottom of my heart, during the first conciliation you were there explaining to me in details about the outcome and consequence that we might obtain from this case. I was restless, thinking about all the implications I could have, but you were very nice and spoke nicely so that I ended up feeling calmer.
P. MCloverdale Resident 6105
Dear Stuart, Kevin, and the team at Soul Legal, I am writing to express my deepest gratitude for the exceptional service I received from Soul Legal. From the beginning to the finalisation of my claim, your team has demonstrated a level of professionalism, care, and personalised attention that far exceeded my family's and my expectations. The manner in which Soul Legal handled my case was truly "with heart and soul," living up to your firm's mission statement. Despite the significant challenges and losses involved, the outcome achieved has provided me with a sense of closure and relief. We particularly appreciated the way you and a big shout out to Stuart! managed the more challenging aspects of my claim, ensuring that I felt supported and informed throughout the process. Stuart's thoughtful accommodations and adjustments to my needs due to the minor traumatic brain injury were especially heartwarming and made a significant difference in my recovery journey. Your approachability and genuine concern for my well-being have been invaluable during this difficult time. I honestly cannot think of anything that could have been done differently. However, I am more than happy to share my positive experience by leaving a Google review for Soul Legal. I believe it is important for others who find themselves in similar situations to know about the exceptional service your firm provides. Blessings and gratitude to you all.
Robyn. LApplecross Resident 6153

FAQ

Most frequent questions and answers

When you suffer an injury or loss because of someone else’s negligence, the law says the person or organisation at fault should compensate you. This applies whether the accident happened on private, public, or commercial property.

Public liability claims are commonly made for injuries and losses suffered:

  • In residential properties such as units, apartments, or houses where unsafe conditions caused your injury.
  • In public spaces like parks, gardens, sporting fields, playgrounds, schools, or universities.
  • In commercial premises such as shopping centres, restaurants, hotels, bars, nightclubs, gyms, indoor playgrounds, amusement venues, and ice skating rinks.
  • On public transport, planes, or boats where negligence or unsafe conditions led to your injury.
  • As a result of a dog attack where the owner failed to properly control or restrain their animal.
  • Due to food poisoning or contamination from food or drink prepared or served by a business.

In most cases, the property owner, business, or organisation responsible will have public liability insurance, and your compensation is paid out by their insurer. This means you are not relying on an individual to pay your claim out of their own pocket.

If you have been injured in any of these situations, Soul Legal can assess your case and advise you on whether you have a valid claim and what compensation you may be entitled to.

In Western Australia, court proceedings generally must be started within 3 years of the accident. However, insurers also need to be notified of your intention to claim within a reasonable time. Missing either deadline can mean losing your right to compensation entirely, regardless of how strong your case is. If you have been injured, we recommend speaking to a lawyer as soon as possible to protect your rights.

Yes. You can still make a claim for your injury and losses even if you were partly at fault. However, your compensation will be reduced by a percentage that matches your share of responsibility for the accident. This is known as contributory negligence. For example, if you are found to be 20% at fault, your compensation would be reduced by 20%. Soul Legal can assess the circumstances of your case and give you an honest picture of how contributory negligence may affect your payout.

 

There are several practical steps you can take to strengthen your case and avoid common mistakes that could hurt your compensation:

  • Keep a detailed diary. Record how your symptoms affect your daily life, the treatment you receive, any work time lost due to your injury or appointments, and travel expenses you incur along the way.
  • Follow your doctor’s advice. Attend all recommended appointments and follow through with prescribed treatment. Gaps in treatment can be used against you.
  • Do not give statements without legal advice first. Insurers may contact you for a statement. Before you respond, speak to a lawyer so you understand your rights.
  • Be careful with social media. Posts, photos, and comments can be taken out of context and used to undermine your claim. Even something innocent can be misinterpreted.
  • Be aware of insurer surveillance. Insurance companies sometimes place compensation claimants under video surveillance. Make sure your activities are consistent with what you tell your doctors and treatment providers.

These steps may seem small, but they can make a real difference to the outcome of your claim. Soul Legal guides you through this process from the start so you know exactly what to do and what to avoid.

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