Written by: Vrege Kolokossian When you visit a shopping centre, walk through a public park, or visit a friend’s property, you have a right to expect reasonable safety. Property owners and businesses owe you a duty of care to maintain safe premises and warn you of potential hazards. When they fail in this responsibility, and you suffer injury as a result, you may be entitled to pursue a public liability claim for compensation.
Understanding your rights after an injury on someone else’s property—whether public or private—empowers you to take appropriate action and seek the financial recovery you deserve. This December 2025 guide explains what public liability is, how these claims work in Australia, and the steps you need to take to protect your interests.
What is public liability?
Public liability refers to the legal responsibility of property owners, businesses, and organisations to keep their premises reasonably safe for visitors. This duty of care applies to anyone lawfully on the property, whether they are customers in a shop, clients in an office, or guests in a private home.
If someone is injured because of unsafe conditions, poor maintenance, or the failure to warn about hazards, they may be able to make a public liability claim. These claims are handled under civil liability laws, and each Australian state has its own legislation that sets out how they work.
It’s also important to understand what public liability does not cover. Workplace injuries fall under workers’ compensation, even if they happen on business premises. Likewise, injuries from motor vehicle accidents are dealt with under separate compulsory third-party insurance schemes.
Key takeaway
Despite the name, public liability doesn’t mean an incident must occur in a public place. It simply refers to the responsibility of a property owner or occupier—whether the property is public or private—to keep visitors safe.
The legal principles of public liability
Public liability claims are based on negligence. To succeed, you must:
- Show that the property owner or occupier owed you a duty of care
- They breached that duty by failing to take reasonable precautions
- That this breach directly caused your injury and losses.
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Understanding this legal landscape helps you assess whether your situation qualifies for a public liability compensation claim.
Duty of care requirements
Property owners and occupiers have a legal obligation to take reasonable steps to ensure their premises are safe. This duty isn’t absolute—they’re not required to prevent every possible injury—but they must act as a reasonable person would in similar circumstances.
The extent of this duty varies based on several factors:
- The nature of the premises
- The likelihood of someone being on the property
- The probability and severity of potential harm
- The burden of taking precautions.
For example, a shopping centre has higher safety obligations than a private home because of the volume of visitors and the commercial nature of the premises.
When liability applies
Not every injury on someone else’s property creates legal liability.
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Australian law recognises that accidents can happen even when property owners act reasonably. Liability is established when the property owner’s conduct falls below the standard of care that a reasonable person would be expected to provide.
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Courts consider whether:
- the risk of injury was foreseeable.
- the property owner knew (or should have known) about the hazard.
- reasonable steps were taken to eliminate the risk or warn visitors.
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The injured person’s own conduct is also relevant. If you were acting carelessly or engaging in risky behaviour, this may reduce or eliminate the property owner’s liability.
Statutory protections and limitations
Every state has civil liability laws that balance two goals: protecting property owners from unfair claims, and allowing people who are genuinely harmed to seek compensation. These laws explain when a property owner has a legal duty to keep others safe, what counts as failing that duty, and what defences a property owner can use.
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The laws also cover things like apologies. Usually, saying “sorry” does not mean a property owner is admitting they’re legally at fault. They also deal with recreational activities, where the rules can be different because some activities naturally involve a level of risk.
Legal insight
The law aims to protect people who are injured while also recognising that property owners can’t remove every possible risk. Instead of automatically holding an owner responsible just because someone was hurt on their property, courts look at the specific facts of each case. They assess whether the owner took reasonable steps to keep people safe in the circumstances, rather than applying strict liability.
How does public liability differ from other compensation claims?
It’s important to understand the difference between public liability claims and other types of injury compensation. Knowing which category your situation falls into helps you choose the right legal pathway and improves your chances of getting the compensation you’re entitled to.
Public liability vs workers' compensation
The most common source of confusion involves workplace injuries. If you’re injured while working, your claim falls under workers’ compensation legislation, not public liability law, even though the injury occurred on business premises. Workers’ compensation provides statutory benefits, including medical expenses, wage replacement, and rehabilitation costs, but the process and entitlements differ significantly from public liability claims.
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However, if you’re a visitor, customer, or contractor (in some circumstances) injured on business premises where you’re not employed, you may have a public liability claim against the business. This is also known as a premises liability claim. The key distinction is your relationship to the property owner at the time of injury. A slip and fall lawyer can assist you in making this determination.
Public liability vs motor vehicle accident claims
Injuries involving motor vehicles are typically covered under compulsory third-party (CTP) insurance schemes rather than public liability. Even if a vehicle-related incident occurs on private property, such as a car park accident, CTP insurance usually applies.
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That said, some vehicle-related incidents may fall under public liability laws, such as injuries caused by:
- Poor car park design
- Inadequate lighting
- Unmarked hazards in parking areas.
Public liability vs product liability
When a defective or dangerous product causes an injury, product liability laws may apply instead of (or as well as) premises liability. For example, if you buy a faulty electrical appliance and it injures you at home, your claim is likely to be against the manufacturer or retailer under consumer protection and product liability laws.
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But if the injury happens because a business hasn’t properly maintained its equipment—like a broken shopping trolley or a faulty chair in a restaurant—public liability law usually applies. In those cases, the claim is generally against the property owner for failing to keep their premises safe.
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An experienced public liability lawyer can assess your situation and identify the correct claim pathway, which is particularly important when circumstances involve overlapping areas of law.
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What are some examples of public liability claims?
Recognising common scenarios can help you identify when you may have grounds for a claim.
| Type | Details | Common causes and examples |
|---|---|---|
| Slip and fall accidents | Slip, trip, and fall incidents represent the most common category of public liability claims. These accidents occur when property owners fail to maintain safe walking surfaces or warn visitors of hazards.  Shopping centres, supermarkets, restaurants, hotels, and office buildings are frequent locations for slip and fall accidents, though they can occur on any property.  Elderly individuals are particularly vulnerable to serious injury from falls, often suffering fractures, back injuries, head injuries, or mobility issues that significantly impact their quality of life. |
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| Food and drink-related injuries | Property owners or operators can be liable if food or drink causes illness due to negligence, contamination, or unsafe handling. |
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| Inadequate maintenance and hazards | Property owners are responsible for keeping their premises safe. If they fail to carry out regular inspections, make necessary repairs, or fix known hazards, they can be held liable for any injuries that result. A common example involves rental properties, where landlords may be responsible if they neglect to maintain fixtures and fittings, leading to accidents or injuries. |
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| Building and construction site injuries | Serious public liability injuries occur frequently on building and construction sites. Builders, contractors, and site managers have a duty to maintain safe environments and ensure that workers and visitors are not exposed to unnecessary risks. Â Property owners, contractors, and employers can be held liable if they fail to manage hazards or comply with workplace safety regulations. |
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| Falling objects and structural failures | Property owners have a duty to maintain all aspects of their premises, including preventing injuries from falling objects or structural failures. Local councils can be held liable if trees on public land—such as parks, footpaths, or other public spaces—fall and cause injury due to poor inspection or maintenance. Similarly, private property owners are responsible for ensuring trees on their land do not pose risks to visitors or neighbouring properties. |
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| Inadequate security and criminal acts | Property owners can be liable if poor security contributes to injuries from criminal acts. They aren’t automatically responsible for crimes on their property, but liability may arise if they fail to take reasonable security measures despite foreseeable risks. Factors that may be considered to determine liability include:
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| Dangerous animals | Property owners must ensure their animals do not create unreasonable risks for visitors. Dog bites are one of the most common types of public liability claims, especially when owners fail to restrain aggressive animals or warn visitors about potential danger. Liability isn’t limited to dog bites. It can apply to injuries caused by any animal on the property if the owner knew, or should have known, the animal could be dangerous. |
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| Travel, cruise ship, and holiday-related accidents | Liability occurs when injuries occur during holidays or travel because operators or property owners fail to provide safe conditions. This can include on cruise ships, planes, or overseas resorts. |
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Public liability claims: Eligibility and what you need to prove
Not every injury on someone else’s property automatically leads to a valid claim. To succeed in a public liability claim, you need to demonstrate key legal elements and provide evidence supporting each.
| Element | What it means | Evidence to prove it |
|---|---|---|
| Duty of care | The property owner owed you a duty of care |
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| Breach of duty | The owner failed to take reasonable steps to ensure safety |
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| Causation | The breach directly caused your injury |
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| Loss or damage | You suffered measurable harm |
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Factors that may weaken public liability injury claims
Certain factors can reduce or eliminate your ability to recover compensation:
| May weaken your claim | How |
|---|---|
| Contributory negligence | If your own careless behaviour contributed to the injury—such as ignoring warning signs, using your phone while walking, or being intoxicated—your compensation may be reduced proportionally to your level of fault. |
| Obvious risks | Courts recognise that some risks are so obvious that property owners have limited duty to warn about them. If a reasonable person would have recognised and avoided the hazard, your claim may be weakened. |
| Recreational activities | Special provisions apply to injuries during recreational activities, where inherent risks are considered accepted by participants. This area of law is complex and depends heavily on specific circumstances. |
| Time limitations | Strict time limits apply to making public liability claims—typically three years from the injury date in most Australian states—and failing to act within this period may bar your claim entirely. |
What do you need for a successful public liability claim?
Building a strong public liability injury claim requires clear, well-documented evidence that shows how the negligence of the responsible parties—whether a property owner, property manager, or other relevant individual—directly caused your injury.
Key areas to focus on include:
1. Immediate documentation at the scene
Gather evidence as soon as possible, before hazards are removed or conditions change:
- Photos and videos of the hazard, surrounding area, warning signs (or absence), lighting, and visible injuries.
- Witness details: Names, contacts, and brief statements.
- Incident reports filed with the property owner, business, or local council.
- Environmental conditions: Weather, lighting, time of day, and temporary hazards.
2. Medical evidence
Comprehensive medical records establish injury severity, cause, and impact:
- Hospital or emergency records, GP notes, and specialist reports
- Diagnostic imaging (X-rays, CT, MRI)
- Treatment and rehabilitation records, including physiotherapy and mental health care
- Ongoing treatment plans and prognosis.
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Attend all appointments and follow medical advice to avoid undermining your claim.
3. Financial documentation
Track all economic losses caused by the injury:
- Medical bills, pharmacy costs, and insurance statements
- Lost wages, business income, tax returns, and pay slips
- Travel to medical appointments, home modifications, assistive devices, or domestic help.
4. Expert reports
Independent experts help quantify injury impact and compensation:
- Medical experts: Severity, recovery, permanent impairment.
- Vocational experts: Work capacity, retraining needs, future earnings.
- Occupational therapists: Functional limitations, home or equipment needs.
- Financial experts: Calculate economic losses, future medical costs, and ongoing care needs.
Key takeaway
Evidence gathering should start immediately. Conditions change, memories fade, and witnesses may become unavailable. Even if you’re unsure about pursuing a claim, document everything to protect your rights.
Public liability claim time limit
Limitation periods set strict deadlines to lodge a claim. Missing them can permanently bar compensation, no matter how strong your case.
Standard limitation periods in public liability, Australia
Most states and territories allow three years from the date of injury or when you become aware that it was caused by someone else’s negligence.
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Exact timeframes can vary, especially for injuries that develop gradually or where causation isn’t immediately obvious.
When the clock starts
Limitation periods often begin when you discover:
- You suffered an injury
- It was caused by someone else’s act or omission
- That act or omission may have been negligent.
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This “discoverability” principle covers injuries or health issues that appear weeks or months after the incident.
Exceptions and extensions
Certain circumstances can extend or pause limitation periods:
- Minors: Period usually starts at 18 years old.
- Mental incapacity: Period may pause until capacity is regained.
- Fraud or concealment: If facts were hidden, courts may allow extra time.
- Court discretion: Rarely, courts may permit a claim outside the normal period for significant injustice.
Legal tip
Don’t wait until just before the limitation deadline to seek legal advice. Public liability claims require substantial preparation including obtaining records, engaging experts, and investigating circumstances. If you contact a lawyer days before the limitation period expires, they may not have sufficient time to properly prepare your case. Seek legal advice as soon as possible after an injury occurs.
