What is a public liability claim?

A public liability claim is a legal claim for compensation when you’re injured due to someone else’s negligence on their property or in a public space. This could be a business, a council, a property owner, or any other party responsible for maintaining safe premises.

How do I prove the owner was negligent?

You need to show that the property owner or occupier knew (or should have known) about the hazard and failed to fix it or warn you. Evidence like photos, CCTV, incident reports, witness statements, and records of prior complaints can all help establish negligence.

What if I was partly at fault?

Similar to CTP claims, contributory negligence can reduce your payout but doesn’t necessarily eliminate your claim. A court may find you partly responsible (for example, if you were distracted), and your compensation would be reduced accordingly.

Can I claim for an injury at a friend’s house?

Potentially. If a hazard on your friend’s property caused your injury and they (or their landlord) should have fixed it, their home insurance may cover a public liability claim. It’s worth checking.

How long do I have to claim?

Time limits vary by state, but generally you have 3 years from the date of injury. For injuries involving councils or government bodies, some states require you to give notice within months. Act promptly.

Public Liability Claim in South Australia | Free Estimate | ClaimCheck

A public liability claim is a personal injury claim against a person, business, local council, or other entity that failed to take reasonable care of your safety on their premises or through their activities. Common examples include slipping on a wet supermarket floor, tripping on a footpath defect, being injured at a sporting event, or suffering harm from a falling object on a construction site. To succeed, you must show the defendant owed you a duty of care, breached that duty, and that the breach caused your injury.

Who can make a claim?

You were injured on someone else's property or through their activities
The injury was caused by their negligence — they failed to take reasonable precautions
You suffered a physical injury (psychological injuries are also covered in many cases)
The injury caused you financial loss through medical expenses, lost income, or ongoing disability
The incident occurred within the applicable limitation period for your state

Time limits by state

Missing a deadline can permanently bar your claim. Check the time limit for your state.

State / Territory	Time Limit	Notes
New South WalesNSW	3 years	From the date of discoverability of the injury. Limitation Act 1969, s 50C. Courts may extend in exceptional circumstances.
VictoriaVIC	3 years	From the date of discoverability. Limitation of Actions Act 1958 (as amended). Maximum 12-year long-stop applies.
QueenslandQLD	3 years	From the date of discoverability of the injury. Limitation of Actions Act 1974.
Western AustraliaWA	3 years	From the date of discoverability. Limitation Act 2005.
South AustraliaSA	3 years	From the date the cause of action is discoverable. Limitation of Actions Act 1936 (as amended).
TasmaniaTAS	3 years	From the date of discoverability. Limitation Act 1974.
Australian Capital TerritoryACT	3 years	From the date of discoverability. Limitation Act 1985.
Northern TerritoryNT	3 years	From the date of discoverability. Limitation Act 1981.

The 3-year period typically runs from when you knew (or reasonably ought to have known) of the injury and its cause. Preserve evidence early — CCTV footage and incident reports are often deleted within 30–90 days.

How the claims process works

1
Document the scene
Photograph the hazard, your injuries, and the surrounding area immediately. Report the incident to the property owner or manager and request a copy of the incident report.
2
Seek medical treatment
Get medical attention promptly. Medical records linking your injury to the incident are the foundation of any successful claim.
3
Preserve evidence
CCTV footage and incident logs are often overwritten within weeks. Write a detailed account of events while your memory is fresh and gather witness contact details.
4
Consult a personal injury lawyer
A no-win no-fee public liability lawyer will assess whether the defendant owed you a duty of care and breached it, and will write to the defendant formally preserving the claim.
5
Pre-litigation negotiations
Most Australian states require a compulsory pre-litigation process where the parties exchange information and attempt to settle before filing in court. This can take 6–18 months.
6
Settlement or court
The majority of claims settle through negotiation. If not, your lawyer will file court proceedings. Compensation covers past and future medicals, lost income, and pain and suffering.

Injured on someone else’s property? See what your claim could be worth.

Who can make a claim?

Time limits by state

How the claims process works

Document the scene

Seek medical treatment

Preserve evidence

Consult a personal injury lawyer

Pre-litigation negotiations

Settlement or court

Questions people ask after an injury in a public place

What you could be entitled to

Medical and treatment costs

Lost income

Pain and suffering

Out-of-pocket expenses

People who checked their public liability claim

Public liability FAQs

Find out what your public liability claim could be worth