If you’ve been seriously injured in a public or private space like a shopping mall, a theme park, or a car park, you may be able to make a public liability claim against the owner if your injuries were caused as a result of their negligence.

What is public liability?

Business owners and other organisations are under an obligation to ensure that people can feel safe while they are on their property and use their services. They need to take reasonable precautions to ensure that their properties are properly maintained, their employees are properly trained and that they have processes in place to ensure public safety.

If, however, someone suffers an accident or injury due to the negligence of a business or another organisation, then a public liability claim may be able to be made against them. In NSW, public liability claims are made according to the Civil Liability Act.

Causes of injury aren’t limited to slip or fall injuries, but can also include assault-related injuries, sports injuries, animal attacks, injuries due to defective machinery, and other injuries.

How much time do you have to make a public liability claim?

In NSW, you have up to three years to make a public liability claim from the time of your injury. While there may be exceptions to the time limit, it’s best to speak to an experienced injury claims lawyer as soon as possible to get the right advice to make sure your claim is successful.

What are some examples of a public liability claim?

In the case studies below, we take a look at some recent examples of public liability fall claims and how they were handled by the courts.

Case study: shopping mall fall

In a recent case, a woman won compensation of over $90,000 after she slipped on a grape while shopping at a Coles supermarket. She suffered injuries to her torso and limbs from her fall. She brought a public liability claim against Coles arguing that the supermarket had been negligent for not clearing the floor of grapes and not warning customers of the slip danger.

Coles responded by arguing that the presence of the grapes on the floor was an ‘obvious risk’ and that it didn’t have a duty to warn customers. ‘Obvious risk’ is a defence under the Civil Liability Act against public liability claims. The Court found that the supermarket was in breach of its duty of care and awarded her $90,130 in compensation.

Case study: obvious risk and car park fall

In another recent fall injury case, a woman tripped over a concrete kerb in an underground car park at Cambelltown Mall. She suffered injuries to her shoulder and knee as a result of the fall. She brought a public liability claim against the owners of the shopping mall, claiming that they were negligent in that they provided inadequate lighting for her to see the kerbing. She also claimed that the paint on the kerbing had faded and so the kerbing was hard to see.

The car park owners argued that the presence of the kerbing was an ‘obvious risk’ for a trip injury. The Court agreed with the owners finding that the only reason she tripped was that she was distracted at the time of the fall. Moreover, the court found that the lighting was adequate and the failure to refresh the paint on the kerbing was not an act of negligence on the part of the owners.

Talk to an experienced public liability claim lawyer

Making a public liability claim can be a complicated process and it’s important to talk to an experienced compensation lawyer as soon as possible to get the right advice on what to do.

At NSW Compensation Lawyers, our friendly team have the knowledge and the experience to help you with your public liability claim. If you’ve been seriously injured in a public place, don’t hesitate to contact us to help you get the maximum compensation you need to rebuild your life.