Written by: Garbis Kolokossian When someone is injured in a public place, the injury is often the result of unsafe conditions that could have been prevented. If you have been injured in a public place, you may be entitled to compensation.Â
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This March 2026 guide explains how public liability claims in NSW work. From understanding who may be responsible to what compensation may be available, and what you can do to protect your ability to claim.
What is a public liability claim?
A public liability claim is a legal claim made by someone who has been injured because another party failed to keep a public or privately managed space reasonably safe. When this happens, compensation may be available for the losses caused by the injury.
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Some common examples include:
- Slip and fall accidents caused by wet floors or damaged surfaces
- Trips on uneven footpaths or poorly maintained walkways
- Falling merchandise or unstable shelving in retail stores
- Injuries involving unsafe playground equipment
- Accidents caused by poorly maintained premises in restaurants, hotels, or entertainment venues
- Injuries occurring on cruise ships or organised tours
- Aviation accident claims that also involve situations where passengers are injured during travel.
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In each situation, the key question is whether the person responsible for the space took reasonable steps to identify and address foreseeable risks. This includes whether maintenance records, inspection systems, and incident reports show that warnings or repairs were provided within a reasonable timeframe.
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Slip and fall accidents are among the most common public liability claims, often due to hazards such as spills, loose flooring, uneven surfaces, or poor lighting that weren’t addressed within a reasonable timeframe.
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Learn more: Slips trips and falls: A guide to claiming compensation.Â
Legal insight
Public liability cases often turn on evidence showing how a hazard was managed before the accident. Inspection records, cleaning logs, maintenance reports, and CCTV footage can all help demonstrate whether reasonable steps were taken to keep the area safe.
What does “public” mean in a public liability claim?
Despite the name, public liability claims are not limited to government-owned or publicly managed spaces. A claim can involve any place where members of the public are permitted to enter. These spaces may be owned or operated by councils, private businesses, property owners, or event organisers. And responsibility for maintaining safety usually depends on who owns, controls, or manages the premises.
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Potential responsible parties may include:
- Local councils responsible for public infrastructure, including footpaths, parks, and public walkways
- Shopping centre owners or centre management
- Supermarkets and retail businesses
- Hotel or venue operators
- Property owners or property managers
- Contractors responsible for maintenance or cleaning.
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In some situations, more than one party may share responsibility for maintaining safe conditions. For example, a shopping centre owner may be responsible for maintaining the main walkways, while individual retailers are responsible for hazards inside their stores. Identifying all liable parties is an important part of building a strong claim.
Where do public liability accidents most commonly happen in NSW?
If you’ve been injured in a public place, where the accident happened can play an important role in determining who may be responsible and whether compensation may be available.
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Some of the most common locations include:
- Public footpaths and pedestrian walkways
- Shopping centres and retail stores
- Supermarkets and grocery stores
- Parks and playgrounds
- Public car parks
- Hotels and accommodation venues
- Sporting venues and recreational facilities
- Schools and childcare centres.
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In a past case, a six-year-old child injured at school received $70,000 in compensation following a public liability claim. She had slipped on a piece of laminated paper left on a classroom floor and fell onto a pair of scissors she was carrying, causing a serious eye injury. This example highlights that public liability claims are not limited to traditional public spaces and can also involve places like schools where a duty of care exists.
In some situations, people injured while travelling, including on cruise ships, may also be able to claim compensation. Each situation must be assessed individually, taking into account the circumstances of the accident and the steps taken to manage potential hazards.
Find out how much you can claim today
When can you make a public liability claim in NSW?
Not every accident in a public place leads to compensation. To pursue a successful claim, it usually needs to be shown that another party failed to manage a foreseeable risk of injury. You may be able to pursue compensation when someone who owed you a duty of care failed to take reasonable steps to prevent a foreseeable risk of injury.
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To succeed in a negligence claim, it is generally necessary to establish four elements:
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1. A duty of care existed |
The person or organisation responsible for the location had an obligation to maintain reasonably safe conditions for visitors. |
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2. The duty was breached |
A hazard existed that should have been identified and addressed through inspection, maintenance, or warning. |
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3. The breach caused the injury |
The unsafe condition directly contributed to the accident. |
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4. Loss or damage resulted |
The injury caused measurable harm, such as medical expenses, lost income, or pain and suffering. |
Not every accident in a public place will lead to a successful claim. The courts consider whether the risk of injury was foreseeable and whether reasonable steps were taken to manage that risk. A hazard that appeared and was cleaned up within minutes, for example, may be assessed differently from one that remained unaddressed for several hours.
Key takeaway
Claims involving injuries in public places often focus on whether a foreseeable hazard was properly inspected, maintained, or managed. Evidence such as photographs of the hazard, witness details, and maintenance records can be important in assessing whether compensation may be available.
What should you do after an injury in a public place?
The steps taken immediately after an accident can affect both your recovery and any potential claim. Acting quickly helps preserve evidence that may later be needed to support a compensation claim.
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If you are injured in a public place, the following actions may help protect your rights:
- Seek medical attention as soon as possible, even if injuries initially appear minor.
- Report the incident to the business, council, or property manager responsible for the location. Avoid discussing fault with staff at the scene, as any informal acknowledgement from them is unlikely to be binding and may be withdrawn later. Â
- Take photographs or video of the hazard and the surrounding area. Note the exact location as precisely as possible. including the street address, the nearest landmark, or the council asset number if visible. Council maintenance records are indexed by location, and a vague description can make it harder to obtain the right records later.
- Collect the names and contact details of any witnesses.
- Keep records of medical treatment, expenses, and time away from work.
- Retain clothing or footwear involved in the accident if possible. Insurers sometimes argue that inappropriate footwear contributed to a fall. Keeping what you wore protects against that line of argument.
- Seek legal advice to understand whether you may be entitled to compensation.
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Evidence gathered shortly after an accident can be critical when determining how the incident occurred and who may be responsible.
How to make a public liability claim in NSW
Once liability is established, the next step is understanding how the claims process usually works. While every situation is different, understanding how the claims process works can help you take the right steps from the outset and protect your ability to pursue compensation.
Step-by-step: the public liability claims process
Once liability is established, the next step is understanding how the claims process usually works. While every situation is different, understanding how the claims process works can help you take the right steps from the outset and protect your ability to pursue compensation.
1. Seek legal advice
Before taking any steps, it’s worth speaking with an experienced public liability lawyer who can assess whether your circumstances are likely to support a claim.
2. Gather evidence
Strong evidence is the foundation of any public liability claim, including medical reports, photographs of the hazard, witness statements, incident reports, and records of financial losses.
3. Identify the responsible party
Determining liability may require investigation, and in some cases, more than one party may share responsibility for maintaining the location. In claims involving councils, liability often depends on whether the council knew, or should reasonably have known, about the hazard and failed to act. A lawyer can help identify all parties who may owe a duty of care.
4. Notify the responsible party
In NSW, certain claims, particularly those involving councils or government authorities, require formal notification within a specific timeframe. For example, if you are injured on a council-managed footpath, you may be required to give written notice of your intention to claim within six months of the accident. Failing to give this notice may affect your ability to proceed, regardless of the merits of the claim.
5. Negotiate a settlement
Many personal injury claims resolve through negotiation with insurers once liability and losses have been assessed. Your lawyer will present the evidence of liability and loss, and negotiate a settlement that reflects the full extent of your injuries and financial impact.
6. Court proceedings if necessary
If settlement negotiations do not resolve the matter, court proceedings may be required in the NSW District Court or Supreme Court, depending on the value of the claim. Most cases, however, resolve before reaching trial.
Legal insight
The most common mistake people make after an injury in a public place is assuming the incident wasn’t serious enough or waiting too long to seek advice. In NSW, notification and limitation periods can be strict, and the evidence to support the claim is often easiest to gather in the days immediately after the accident. If you’re unsure whether you have a claim, the best step is to seek advice early.
What compensation may be available?
If you have been injured in a public place and another party was responsible, compensation may be available to help with the financial and personal impact of that injury.
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For a serious public liability injury—a significant fracture requiring surgery and several months away from work, for example—compensation across all heads of damage, including medical expenses, lost income, rehabilitation, and pain and suffering, will depend on the severity of the injury and its long-term impact on your ability to work.Â
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Compensation may include:
- Past and future medical and hospital expenses
- Rehabilitation and treatment costs
- Past and future loss of income
- Reduced future earning capacity
- Pain and suffering (general damages)
- Domestic assistance or care needs
- Out-of-pocket expenses related to the injury.
Case summary
Our client was walking along a footpath in Botany when she tripped on raised brick pavers near a street tree and fell, fracturing her right wrist and suffering facial injuries. The Council had received complaints about uneven pavers along the street for several years, and yellow paint had been applied around the nearby tree, indicating prior awareness of the hazard.
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Our legal team argued that the Council knew of the general risk posed by tree root growth lifting the pavers and had failed to carry out regular inspections or maintenance. The court agreed, finding that knowledge of the general hazard in that area was sufficient, and the matter resolved for $87,000 in compensation.
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As with all personal injury matters, outcomes depend on the specific circumstances of the incident and the severity of the injuries involved.
If you believe your injury was caused by an unsafe environment, legal advice can help determine whether public place injury compensation may be available.
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Time limits for public liability claims in NSW
Strict time limits apply to personal injury claims in New South Wales, and missing them can affect your ability to pursue compensation. In most cases, legal proceedings must begin within three years of the date of the injury under the Limitation Act 1969 (NSW).Â
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However, for claims involving local councils or government authorities, written notice of the intention to claim must be given within six months under the Local Government Act 1993 (NSW).Â
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This notice requirement runs alongside the three-year limitation period, not instead of it. Missing the six-month notice window may affect your ability to proceed even if the three-year period has not yet expired.
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Different rules may also apply to children or people under a legal disability. If you’re unsure where you stand, seeking legal advice as soon as possible after an accident will protect your ability to make a claim.
Key takeaway
The general time limit for a public liability claim in NSW is three years from the date of injury. If your claim involves a council or government authority, written notice is also required within six months of the accident. Seek legal advice, as missing this deadline can affect your ability to claim.
How to make a public liability claim in Sydney
For public liability claims in Sydney, the same NSW public liability framework applies. Claims may involve the City of Sydney Council or any of the other local councils that govern different parts of the greater Sydney area, as well as private businesses, shopping centres, and other premises operators.
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GMP Law assists clients with public liability claims across Sydney and throughout NSW. If you have been injured in a public place in Sydney, our public liability lawyers can assess your circumstances and advise on whether you may have grounds to pursue compensation.
If you have been injured in a public place, the most important step is to seek medical attention and legal advice as early as possible.
