Slips, trips and falls

If you were injured in public areas in Queensland, was someone else responsible for your injury?

If the accident occurred because of someone else’s fault, you may be entitled to make a public liability claim.

Public liability covers a wide range of circumstances. The most common types of public liability claims include:

  • Slip and fall in public areas, for example, parks, shopping centers
  • Tripped due to unsafe stairs, walking surfaces, or a tool on the floor
  • Slipped on spilled food/drink in the public area, eg. food courts, restaurants, clubs
  • Injured around the school campus
  • Injured on private property, eg. rental properties, shopping centers
  • Sporting accidents
  • Injuries caused by the animal, eg. dog attacks, horse-riding accident

If you were injured in an accident, it is crucial that you begin gathering evidence as soon as you can. It’s also important that you seek legal advice at the early stage to know what you might be entitled to.

I am injured in public area. Can I make a compensation claim?

In Queensland, if you have been injured in a public place or residential premises due to someone else’s fault, you may be entitled to make a public liability compensation claim.

This will depend on the circumstances of the accident and the nature of place where you were injured.

Who pays public liability compensation to me?

In most cases, it’s the public liability insurance company of the person or business at fault that pays the compensation to you.

Public liability insurance is an accident protection policy that many businesses, shopping centres and properties purchases to protect them from compensation payouts and legal costs that can occur due to their negligence.

Are there any time limits to making a public liability claim?

Strict time limits apply in making a public liability claim.

You must serve a Notice of Claim on the party you believe to be at fault within the earlier of the following 2 dates:

  • 9 months of the incident or the first appearance of symptoms of the injury
  • 1 month of your consultation with a solicitor in relation to the claim

If you missed the time limit, your rights to pursue compensation may be lost. The benefit of hiring our compensation lawyer at Ascent Lawyers is that it becomes our responsibility to ensure the claim is lodged within the time limit and correctly.

Why do I need to act as soon as possible?

If you are unsure whether you are eligible to make a public liability claim, you should contact Ascent Lawyers immediately to arrange an obligation-free consultation to see where you stand.

If we are of the view that you have a strong case, it is best to start the claim as soon as possible, as the claims process can be complicated and may take longer than anticipated. In order to maximize the compensation you will receive, you have to take time and gather evidence to support your claim. This may include:

  • Medical records for your injuries
  • Receipts of expenses incurred due to your injuries
  • Evidence of lost wages due to injuries
  • Names and contact details of witness to obtain witness statements
  • Photographs of the location where the incident occurred, the surroundings, and the injuries
  • Incident report to the occupier of the premises

It is in your best interest to act as soon as the accident occurs. If you need an experienced compensation lawyer, feel free to contact Ascent Lawyers directly.

How much public liability compensation can I get?

The amount of compensation you are entitled to are differ from case to case.

Each compensation payout depends on factors such as:

  • The extent of your injuries sustained
  • Your age
  • Your education background and occupation
  • Your health condition at the time of the accident
  • The circumstances of the accident
  • The impact on your work
  • The ability and experience of your lawyer

Once all evidences are gathered, we will be able to give you a good idea of the compensation amount you can expect.

How long does a public liability claim take?

How long the claim takes depends on various factors, such as:

  • How complex you particular situation is
  • How long it takes for your injury to become stable and stationary

Once our compensation lawyers know the details of your case, we can give you a better idea of the time frames involved with your claim.

How much do I have to pay to make a public liability claim?

We offer ‘No Win No Fee’ leaving you free from paying any upfront costs during the claim. Our legal fees are only payable when the claim settled successfully.

Will I need to go to Court for my public liability Claim?

Very few cases end up going to Court. The vast majority of public liability claims are settled before going to court. We aim to keep the legal costs down and maximize your net recovery in a time-efficient manner.

Can I represent myself in a public liability claim?

You may represent yourself in making a compensation claim if you have a thorough understanding of the laws and have a commitment to actively pursue the case to move it forward.

However, most people making public liability claims choose to engage an expert compensation lawyer. Our compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.

Send us a message

We are here to help