Slip on a supermarket floor. Trip on a busted footpath. Get bowled over in a pub because no one fixed the stairs. In that moment, you’re not just in pain—you’re staring down medical bills, missed shifts, and a long recovery. Meanwhile, the insurer on the other side is already preparing to minimise what you get.
A public liability claim is not a handout, but your legal right. When someone fails to keep their property safe, Queensland law says they’re responsible for the damage, not you.
What you’ll learn
- What sets a public liability claim apart?
- Where do these claims happen?
- What you have to prove
- The deadlines that can kill your claim
- How a public liability claim works
- What compensation can cover
- Real case examples
- Common mistakes that sink claims
- The insurer’s playbook
- Things people commonly ask
What sets a public liability claim apart?
A public liability claim is a compensation claim for injuries caused by someone else’s negligence in a public or private venues. Unlike car accident claims (handled through CTP insurance) or workplace injury claims (covered by WorkCover Queensland), public liability claims apply when businesses, councils, or property owners fail to keep their premises safe for the public.
But a caveat: It’s not about every accident. If you simply trip over your own feet without any hazard present, there’s no basis for a claim. But if your injury flows from someone else’s poor maintenance, bad systems, or careless oversight, you may be entitled to compensation.
Where Do These Claims Happen?
Public liability claims surface almost every day, anywhere Queenslanders go. Here are some common hotspots:
- Shopping centres and retail stores: Slipping on a juice spill in Woolworths, tripping on loose tiles, or getting hurt by a faulty escalator are all examples of negligence.
- Council-owned areas and public spaces: Claims often come from tripping on uneven footpaths, cracked concrete, or unsafe playground equipment.
- Restaurants and entertainment venues: Examples include slipping on greasy floors, falling from broken chairs, or injuries from loose railings.
- Hotels and short-stay venues: Risks often arise from loose balcony rails, malfunctioning elevators, or poorly maintained swimming areas.
- Gyms, stadiums, and sporting facilities: Injuries can result from slippery change rooms, defective treadmills, or unstable seating.
- Public transport: Examples include falls on slippery train platforms, poorly lit bus stops, or unsafe buses.
- Schools: Unsafe playgrounds, faulty sports equipment, or hazards in car parks can cause injuries.
In each case, the owner or operator owed you a duty to take reasonable care. They failed. You got hurt, and you are entitled to make a compensation claim.
What you have to prove
To win a public liability claim in Queensland, you need to prove four elements:
- Duty of care: The owner or operator must take reasonable steps to ensure the premises are safe for visitors.
- Breach of duty: They failed in that duty. Maybe they ignored a hazard or had no proper inspection system.
- Causation: Their failure directly caused your injury.
- Actual damages: You suffered measurable harm—medical expenses, lost wages, pain and suffering, or long-term impacts.
Evidence makes or breaks claims. Photos of hazards, CCTV footage, witness details, incident reports, and medical notes all add weight. The stronger and clearer your evidence, the less room insurers have to dispute responsibility.
The deadlines that can kill your claim
Under the Personal Injuries Proceedings Act 2002 (Qld), strict deadlines apply:
- You must give notice of your claim within 9 months of the incident.
- Once you consult a lawyer, you must file within 1 month, even if the nine months isn’t up.
- Any court claim must be filed within 3 years.
There are exceptions:
- Children’s time limits don’t start until they turn 18.
- People with impaired capacity may get extensions.
- Delayed injuries (like gradual onset conditions) may shift the start date.
But the truth is, exceptions are rare, and courts are strict. Waiting too long usually means your right to claim is gone for good.
How a public liability claim works
Once you decide to proceed, the process usually follows this path:
Step 1: Notice of Claim
You serve a formal Notice of Claim on the responsible party. It sets out the incident, details of your injuries, and your intention to seek compensation.
Step 2: Initial response
The other side must respond within 14 days. The insurer may accept fault, reject it, or request further time to investigate.
Step 3: Part 2 Notice of Claim
Within two months, you provide detailed evidence: medical records, financial losses, witness statements, and any expert reports.
Step 4: Investigation period
Each side carefully reviews the evidence. Insurers often use this period to pressure claimants with delay tactics.
Step 5: Independent medical assessments
You’ll likely see specialists chosen by the insurer. Their reports shape how much the insurer thinks your claim is worth.
Step 6: Compulsory conference
Queensland law requires both sides to meet and negotiate. Many claims settle here without going to court.
Step 7: Court proceedings (if needed)
If settlement fails, you have 60 days to start proceedings. Court battles are rare but possible.
What compensation can cover
Categories include:
- Medical expenses: Covers past and future costs, e.g., hospital stays, GP visits, surgery, physio, medications, rehab, and travel.
- Lost income: Wages already lost, and future earning capacity if you can’t return to your job or must reduce hours.
- Pain and suffering: Compensation for the physical discomfort and emotional distress caused by the injury. Queensland uses an Injury Scale Value (ISV) to calculate this, based on severity.
- Out-of-pocket costs: Domestic help, mobility aids, home or vehicle modifications, childcare, and other injury-related expenses.
Real case examples
Case 1: Marmara v Kmart Australia Limited [2024] NSWDC 89
In Marmara v Kmart Australia, the NSW District Court awarded $613,461.55 to a customer struck by falling mountain bike boxes in the self-checkout area, establishing clear liability for retailers who fail to assist customers with oversized items.
Ms Marmara was waiting in the self-checkout queue when another customer’s trolley containing two mountain bike boxes (weighing 40.63 kg combined) toppled over, striking her from behind. The bigger carton struck her back, shoulder, and neck, leading to serious cervical spine damage that required two fusion operations. CCTV footage captured the entire incident, showing a Kmart staff member approaching the customer with the dangerous trolley.
System failures found
- Inadequate assistance implementation: While Kmart claimed to have a system for helping customers with bulky items, there was no staff training on it, and no customer signage.
- No proper equipment provided: Store had no flatbed trolleys available for safely transporting large items through self-checkout.
- Staff intervention too late: An employee did approach the problematic trolley, but the intervention came too late to prevent the accident.
- Post-incident admission: Kmart’s incident report recommended training staff to assist with bulky products, noting the accident could have been avoided if staff had helped the customer.
Key takeaway
Retailers using self-checkout systems must have trained staff and effective systems to assist customers with oversized items that pose risks to other shoppers. Having a policy on paper isn’t enough without proper implementation and staff training.
Kmart appealed the decision, but the NSW Court of Appeal dismissed the appeal. The ruling makes clear that retailers are required to have effective systems to prevent oversized items from being taken through standard trolleys where they may pose risks to shoppers.
Our Partner, Michelle Wright, provides further insight into the appeal.
Case 2: Townsville City Council v Hodges [2023] QCA 136
In this case, the Queensland Court of Appeal dismissed Ms Hodges’ $301,000 claim after she suffered serious leg fractures stepping into a concealed hole at Sherriff Park, ruling that councils aren’t insurers of public spaces.
Ms Hodges stepped into a grass-covered hole 30 cm wide and 5 cm deep. The hole was so well-hidden that even ambulance officers who knew its location couldn’t see it – their stretcher collapsed when a leg went into it. Despite her serious injuries, the Court found the Council wasn’t liable.
Why the claim failed
- Reasonable inspection system existed: Council had trained staff regularly mowing and inspecting the park
- Undetectable hazard: Witnesses said “you wouldn’t know there was a hole until you fell into it.”
- Impossible standard rejected: Courts can’t require councils to step on every meter of parkland to find hidden depressions
- No causation: Even perfect inspections wouldn’t have found this hole since it was only detectable by stepping in it.
Key takeaway
Councils must take reasonable precautions, but they cannot guarantee perfect safety. Injury victims must prove that proper systems would have actually prevented their specific accident, not just that they got hurt.
Common mistakes that sink claims
Even the strongest claim can unravel if you make simple but costly mistakes:
- Not reporting the accident: Always notify the owner or manager. Ask for written confirmation.
- Failing to gather evidence: Photos, witnesses, receipts—all matter. Don’t rely on memory alone.
- Putting off medical treatment: Breaks in your medical records give insurers grounds to downplay the seriousness of your injuries.
- Talking to insurers unrepresented: They’re trained to downplay injuries and push lowball settlements.
- Missing deadlines: The most common reason valid claims die.
The insurer’s playbook
Here’s what you’re up against:
- Denial of liability: “It wasn’t our fault.”
- Blame shifting: “You weren’t watching where you were going.”
- Delay tactics: Slow responses designed to frustrate you.
- Lowball offers: Hoping you’ll take quick money instead of fair compensation.
Without legal representation, many claimants cave under this pressure. With our expert Personal Injury Lawyers Queensland on your side, insurers instinctively know that we won’t roll over.
Things people commonly ask
How much compensation can I receive?
Every claim is different, and the amount of compensation depends on the specific circumstances of your case. Payouts can range from tens of thousands to hundreds of thousands of dollars, with some cases reaching into the millions.
Do I need to complete paperwork to start a claim?
Yes. Claims involve formal notice and supporting documents, but your lawyer usually handles the heavy lifting.
Does this insurance extend to staff injuries?
No. Workers are covered under workers’ compensation, not public liability insurance.
Am I personally liable if the insurer says it was “just an accident”?
If negligence caused harm, liability can still apply—even if insurers try to frame it as unavoidable.
Is council land automatically exempt from claims?
No. Local councils can be liable for unsafe parks, footpaths, or community spaces if they failed to maintain them properly.
We fight for you
Pursuing a public liability claim isn’t something you should face alone. The rules are complex, the deadlines unforgiving, and insurers come armed with teams of lawyers. You need a lawyer who understands the strategies insurers use, and how to pull them apart.
At accident legal, our award-winning Compensation Lawyers once acted for insurers. We know how they assess claims, the strategies they rely on, and the timing of their moves. Now, we use that insider knowledge to stand up for you.
We also remove the financial and practical barriers:
- No win no fee guarantee: You pay nothing unless we secure compensation.
- No disbursement loan promise: We cover all upfront costs. No interest. No hidden fees.
- 24/7 access: Speak directly to a lawyer anytime, day or night (yes, even at 2 am!)
- We come to you: We have 13 offices across Queensland, but wherever you are, we’ll be there —at home, in the hospital, or wherever you feel comfortable.
We’re not a factory-line firm. Every case is prepared with care, and every strategy is tailored to your injuries, your losses, and your future. See how our past clients describe their journey with our team.
If you’ve been injured in a public place, don’t let strict deadlines or insurer pressure take away your rights. Contact one of our experienced Brisbane personal injury lawyers, Gold Coast personal injury lawyers, Logan personal injury lawyers, Noosa personal injury lawyers, or Maroochydore personal injury lawyers today.
With accident legal, there are better days ahead.
