If you suffer an injury as a result of an accident which occurs on public or private property you may be able to claim compensation for any loss resulting from the injuries:

  • If the accident could have been prevented by the property owner,
  • If the accident was as a result of the negligence of another person.

Public liability insurance can cover injuries to you if you:

  • have been slipped in a supermarket,
  • fallen over in a shops, supermarket, office, building site
  • tripped on a public footpath
  • fallen in a council car park or other council owned facility
  • are injured in a sporting or recreational accident.
  • Are assaulted by security staff.

Injuries can include:

  • physical injuries
  • psychological injuries

As soon as the accident occurs you must:

  • note the place, date and time of the incident;
  • take down the details of any witness who saw the incident;
  • writing down the details of how the accident occurred;
  • take photographs of where the accident occurred;
  • take photographs of your injuries;
  • report the incident to the property owner or their representative (shop manager for example);
  • report the incident to the police (if necessary);
  • see your GP to report your injuries;

You must seek legal advice:

  • You can only claim compensation for your injuries if:
    – you are able to show that the property owner or the person in charge of the property owed you a duty of care, and
    – you were injured in result of their negligence.
  • This may be a complex and complicated legal issue and it is important that you see a lawyer as soon as possible after the accident has occurred.

You may be eligible for compensation for the following:

  • Pain and suffering.
  • Psychological injuries.
  • Hospital fees.
  • Ambulance fees.
  • Medical expenses.
  • Treatment expenses.
  • Cost of any special equipment.
  • The cost of nursing or carer’s fees.
  • Loss of past and future income

If you are required to carry out modifications to you home such as installing wheelchair ramps or elevators, the cost may be able to be covered.

Dealing with public liability insurers can be complex and difficult and we do not recommend that you attempt to deal with the insurer on your own. Also, strict time limits apply to making a public liability claim. We are here to help you with any matter relating to your claim.

Phone: 1300 734 737 or email frontoffice@courtlegal.com.au for further information or to arrange an obligation free consultation.

Disclaimer: This fact sheet provides general information and does not provide legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to a court.