What Is Public Liability? And How Can It Help If You’ve Been Injured?

There’s a common misunderstanding that you can only make a Public Liability compensation claim if you’ve been injured in a public place. It’s an easy mistake to make “public” is in the name but that’s not actually how Public Liability works.

A Public Liability claim can cover a wide range of injuries caused by someone else’s negligence, regardless of whether the incident occurred in a public or private location. Put simply, if another person or organisation was at fault for your injury, you may have a Public Liability claim.

How Is Public Liability Different from Other Claims?

Public Liability claims are different to Workers’ Compensation and Motor Vehicle Accident compensation claims.

Workers’ Compensation

Employers have a legal responsibility to keep workers safe. If you’re injured at work, your claim will generally fall under Workers’ Compensation, not Public Liability. Motor Vehicle Accidents. Similarly, drivers and pedestrians owe each other a duty of care on the road. Injuries involving cars, motorbikes or other vehicles are dealt with as Motor Vehicle Accident claims, not Public Liability.

So, What Can Be a Public Liability Claim?

The easiest way to understand Public Liability is to explain what it isn’t.

If:

• you’ve been injured,
• another person or organisation was negligent, and
• the injury did not occur at work or in a motor vehicle accident, then you may be able to pursue compensation through a Public Liability claim.

Common Examples of Public Liability Claims

Public Liability claims can arise in many everyday situations.

Common examples include:

• Slips, trips and falls on public property, including parks and footpaths
• Slip and fall injuries at shopping centres and supermarkets
• Injuries caused by unsafe premises (such as balconies, stairs, ramps or walkways)
• Dog or animal attacks
• Physical assaults
• Aviation accidents
• Injuries caused by defective products or services
• Sporting and recreational accidents (including adventure activities)
• Health and fitness injuries (such as massage or personal training incidents)

Why Make a Public Liability Claim?

Deciding to take legal action is always a personal choice. However, many people seek legal help because of the financial pressure that follows an injury. After an accident, you may be unable to work, face ongoing medical treatment, or need support at home all of which can place significant stress on you and your family.

A successful Public Liability claim may help cover:

• Lost wages
• Loss of future earning capacity
• Medical and rehabilitation expenses
• Compensation for pain and suffering

What Should I Do If I’ve Been Injured?

If you’ve been injured due to someone else’s negligence, it’s important to get legal advice as soon as possible. Public Liability claims are governed by strict laws and time limits. An experienced personal injury lawyer can explain your rights, assess your entitlements, and advise whether an offer of compensation is fair or if further negotiation is appropriate.

Will I Have to Go to Court?

In most cases, Public Liability claims do not end in court. The majority are resolved through negotiation or mediation between the parties. If your claim does proceed to court, TPIL Lawyers will be there to represent you every step of the way, ensuring your case is prepared and presented professionally and confidently.

We are here to help

At TPIL Lawyers, our dedicated team of personal injury lawyers specialise in personal injury claims and have a deep understanding of the legal framework and regulations. We are well-versed in advocating for our clients’ rights and fighting for the compensation they deserve. Please contact us on 1800 958 498 or help@tpil.com.au for an obligation free and confidential discussion.