Public Liability Claims in Australia: Compensation for Injuries in Public Places
Last updated: June 2026
What Is a Public Liability Claim?
A public liability claim is a claim for compensation when you are injured in a public place or on someone else's property due to their negligence. Common situations include slip and fall in shops or shopping centres, injuries on council footpaths, injuries at sports venues, and accidents on residential premises you were visiting.
What You Must Prove
To succeed, you must establish all four elements of negligence:
- The occupier or owner owed you a duty of care
- They breached that duty by failing to take reasonable care
- The breach caused your injury
- You suffered damage (physical, financial, or psychological)
The applicable legislation varies by state: Civil Liability Act 2002 (NSW), Wrongs Act 1958 (VIC), Civil Liability Act 2003 (QLD), and equivalents. These acts cap some heads of damage and impose thresholds.
Who Is Responsible?
- Shops and businesses: Must take reasonable steps to address known hazards (wet floors, broken fixtures)
- Local councils: Must maintain public infrastructure to a reasonable standard; some immunity applies for road-related claims
- Landlords: Duty of care to visitors and tenants in common areas
- Sporting clubs and venues: Must take reasonable precautions for foreseeable risks
What You Can Claim
- Medical expenses (past and future)
- Lost income (past and future earning capacity)
- Pain and suffering (subject to threshold and cap under state legislation)
- Care costs if you need assistance at home
Time Limits
| State | Time limit |
|---|---|
| NSW | 3 years from date of injury |
| VIC | 6 years from date of injury |
| QLD | 3 years from date of injury |
| WA | 6 years from date of injury |
| SA | 3 years from date of injury |
For children, the clock generally starts when they turn 18.
Contributory Negligence
If you were partly at fault (e.g., looking at your phone when you slipped), your damages may be reduced proportionally.
Key Points
- Prove duty, breach, causation, and damage
- State civil liability legislation caps some heads of damage
- Time limits are strictly applied — typically 3 years from the injury
- Contributory negligence can reduce your damages