Public Liability
If you have been injured in a public or private space because of the negligence of an individual, company or government department, you may be entitled to claim compensation.
What are public liability claims?
People, companies and government departments have a legal obligation to take reasonable steps to eliminate or minimise safety hazards in certain circumstances (called a “duty of care”). If you are injured because they have breached their duty of care, you may be entitled to compensation.
What can I claim compensation for?
When an injury results in financial loss, compensation can be claimed. Financial loss can include:
- out of pocket medical expenses
- some leave entitlements
- lost income and earning capacity
- superannuation contributions
- pain and suffering.
Compensation is normally assessed and paid as a single lump sum, which is supposed to cover all past and future losses. Normally, expert medical opinion evidence is required for a Court to assess a compensation award.
Making a public liability claim
If you are injured, take photos of the place where it occurred as soon as possible.
If it’s in a shop or business, report your injury to staff and ask them to prepare an Incident Report.
You should seek medical treatment as soon as possible, so your doctor can record the injury and circumstances.
Once you have decided to make a claim, you will need to comply with pre-action steps, which include notifying the person, company or government department you are making the claim against.
A three- year time limit applies to public liability claims in South Australia.
Legal costs for public liability claims
For some public liability claims, we can offer a no win, no fee arrangement, which means that you won’t be required to pay our legal fees unless your claim is successful. Conditions apply, and this arrangement excludes some costs.
At your obligation free first interview, we’ll get some information from you about the incident and your injuries. We’ll then be able to give you an estimate as to what the legal costs might be to purse a claim, including any anticipated out of pocket expenses.
Meet the Public Liability Team
Our Public Liability Team will assess your situation and provide expert legal advice on your potential public liability claim.
Need advice?
Get in touch.
Send us your question and we’ll respond via text
Frequently Asked Questions
If you are considering making a public liability claim, our FAQs below is a useful place to make a start.
See All What is meant by the terms “duty of care” and “negligence”?
What if the incident was partly my fault?
Who is liable to pay my compensation award?
What if the liable party does not have insurance?
Can I make a public liability compensation claim if I’m injured at work?
Helpful Links & Resources
We offer no win no-fee arrangements for eligible Injury and Illness claims. This means you will only pay legal fees if and when you receive compensation, making it possible to explore your legal options without significant financial risk.