Public Liability Claims

If you are a lawful entrant to a property and you are injured on that property through no fault of your own, you may be able to make a public liability claim.

A public liability claim should be made in accordance with the Personal Injuries Proceedings Act 2002 (Qld) and will need to be served on the Proper Respondent of the property. Our experienced solicitors can assist you with your claim.

A Notice of Claim Form under the Personal Injuries Proceedings Act 2002 (Qld) must be lodged within nine months of the injury occurring or within one month of consulting a solicitor (whichever is the earliest). Crucial time limits apply to these claims so it is best that you seek advice from a solicitor as soon as possible.

In general terms, a duty of care is a legal duty owed to ensure the safety and well-being of others. At common law, a duty of care will generally arise when the Defendant should have foreseen that their conduct (or lack thereof) could result in an injury to the Plaintiff.

• Slip, trip and fall accidents in a shopping centre/footpaths/private property.
• Medical negligence claims are also governed under the Personal Injuries Proceedings Act 2002 (Qld).

Generally speaking, liability varies between relationships in sport i.e. occupier and spectator, occupier and entrant, athlete liability and umpire’s and official’s liability. A duty of care is owed between each of the parties, however the standard of care varies. Contact our team for a free consultation as to your rights.

When a claim is lodged against another party, generally speaking that party will have public liability insurance. The insurer for that party will be responsible for paying the compensation.

Time frames vary for each individual claim but can range from anywhere between six months to three years or more.

Whilst there is no requirement that a solicitor is to be involved, we would recommend consulting one of our experienced solicitors to act on your behalf to ensure that you maximise the benefit of bringing a claim and so that you know your rights and entitlements.

Our firm acts on a “no win no fee*” basis so you do not need to pay any legal fees until the successful completion of your claim. Contact our office to discuss our no win no fee* arrangement.