Public Liability Lawyers NSW
Can You Claim Compensation After an Injury on Public or Private Property?
We can investigate what happened, identify who may be responsible and help you understand your options for pursuing compensation.
Public Liability Lawyers NSW
Can You Claim Compensation After an Injury on Public or Private Property?
We can investigate what happened, identify who may be responsible and help you understand your options for pursuing compensation.
When You’ve Been Injured on Public or Private Property
An injury on public or private property can affect far more than your physical health. It can disrupt your work, routine, independence and sense of security. It can also leave you unsure about who is responsible or whether you have a claim.
Public liability law may apply when someone is injured because reasonable care was not taken to keep a property or area safe. This can include falls in shopping centres, injuries on footpaths, accidents in rental properties, incidents in parks or injuries occurring on business premises.
If you are dealing with pain, financial stress or uncertainty after an injury, we can help you understand your rights and the options available to you.
Do You Have Grounds for a Public Liability Claim?
An injury does not automatically mean someone was negligent. In most public liability claims, you generally need to show that:
- A person, business, property owner or public authority owed you a duty of care
- The risk of injury was foreseeable and not insignificant
- Reasonable precautions were not taken
- This failure caused your injury and resulting loss
Different rules may apply to some claims. For example, claims concerning a council or road authority’s failure to carry out road work can involve additional requirements, including whether the authority had actual knowledge of the particular risk. Dog attack claims can also be governed by specific legislation rather than relying only on ordinary negligence principles.
We can investigate what happened and help you understand whether you may have grounds to proceed.
What Should You Do
After an Injury?
If you are able to do so:
- Seek medical attention and ensure your injuries are documented
- Report the incident to the property owner, manager or relevant authority
- Ask for a copy of the incident report
- Photograph the hazard and surrounding area before conditions change
- Record the names and contact details of any witnesses
- Note whether CCTV cameras covered the area
- Keep medical bills, receipts and evidence of lost income
- Seek legal advice early so important evidence can be preserved
If your injury prevented you from taking these steps, that does not necessarily prevent you from making a claim.
Common Public Liability
Matters We Assist With
Slip, trip and fall claims in shops, shopping centres and public places
Injuries caused by uneven footpaths, walkways and public spaces
Accidents involving poorly maintained premises or unsafe conditions
Falls on stairs, ramps and accessways
Injuries occurring in parks, playgrounds and recreational facilities
Claims against businesses, property owners and occupiers
Dog attacks and animal-related injuries
Public liability claims involving serious or long-term injuries
Were you injured in a motor vehicle accident? A different compensation scheme may apply. Learn more about our Motor Vehicle Accident Claims service.
What Compensation May Be Available?
Depending on your circumstances, compensation may account for your financial losses, treatment needs and the wider impact the injury has had on your life.
Treatment and
Rehabilitation Costs
Compensation may include reasonable medical treatment, rehabilitation, specialist appointments, medication and other injury-related expenses, both now and in the future.
Lost Income and
Earning Capacity
If your injury has affected your ability to work, compensation may include past lost income and any reduction in your future earning capacity.
Care and Domestic Assistance
Compensation may be available for paid support or assistance provided by family and friends if your injury has affected your ability to manage personal care, household tasks or everyday activities.
Pain, Suffering and Loss of Enjoyment of Life
For injuries that meet the relevant NSW threshold, compensation may recognise your pain and suffering, loss of independence and reduced ability to participate in the activities you previously enjoyed.
The compensation available will depend on your injuries, losses and individual circumstances. Statutory thresholds apply to some categories of compensation.
Our Process:
From Consultation to Resolution
We guide you through each stage of your public liability claim with clear advice,
practical support and a focus on pursuing a fair outcome.
Understanding What Happened
We begin with a free, confidential consultation to understand how you were injured, where the incident occurred and how it has affected your health, work and everyday life.
Gathering the Evidence
We investigate the circumstances and gather available evidence, which may include medical records, photographs, CCTV footage, incident reports, witness statements and information about the unsafe condition.
Assessing Responsibility and Your Losses
We consider who may be legally responsible and assess the full impact of your injury. This may involve obtaining medical evidence about your treatment needs, recovery and future prognosis.
Preparing and Negotiating Your Claim
We prepare the evidence supporting your claim, communicate with the responsible party or insurer and negotiate on your behalf to pursue fair compensation.
Resolving Your Claim
Many claims are resolved through negotiation or mediation. If a fair agreement cannot be reached, we will explain your options and advise you about commencing or continuing court proceedings.
Frequently Asked Questions
What is a public liability claim?
A public liability claim may arise when you are injured because a person, business, property owner or organisation failed to take reasonable care to keep a place safe.
How do I know if I have a public liability claim?
Every situation is different. If you've been injured in a public place, on business premises, at a rental property or another location where safety may have been compromised, it's worth seeking legal advice about your options.
What types of accidents are covered by public liability law?
Public liability claims can involve slips, trips and falls, injuries caused by unsafe premises, dog attacks, accidents in parks or public spaces, and other incidents where negligence may have contributed to an injury.
What compensation may be available?
Depending on your circumstances, compensation may be available for medical expenses, lost income, rehabilitation costs and the broader impact the injury has had on your life.
How long do I have to make a claim?
In NSW, court proceedings for a personal injury claim generally need to be commenced within three years from when the cause of action becomes discoverable. A 12-year long-stop period may also apply, subject to exceptions and possible extensions. Different rules can apply to children and people under a disability, so it is important to seek advice promptly.
What if I was partly responsible for the accident?
You may still have a claim even if you believe you were partly at fault. The specific circumstances of the incident will need to be considered before determining how responsibility may be shared.
Will my matter go to court?
Most claims are resolved through negotiation without the need for a court hearing. If court proceedings become necessary, your lawyer can guide you through the process and explain what to expect.
How much does it cost to speak with a lawyer?
Your initial consultation is free and without obligation. We offer a No Win, No Fee legal service for eligible public liability claims. Before you proceed, we will explain our costs agreement, disbursements and any potential litigation risks so you understand the position clearly.
Unsure If Your Injury
Qualifies for a Claim?
We’ll help you make sense of the process, understand your options,
and get clear guidance about what you may be entitled to.
Book your free consultation today.
