Public liability definition: what is a public liability claim?
Broadly speaking, public liability law makes people, businesses, or organisations responsible if their negligence causes injury, property damage, or even financial loss.
If you’re injured in a public, private or rental space, you may have a public liability claim. You might also hear it called a ‘public injury claim‘.
How to make a public liability claim
To make a public liability claim, you need to show that:
- An individual, business or organisation owes you a ‘duty of care’.
- They breached that duty of care.
- That breach of duty caused an accident.
- You were injured or suffered a loss due to the accident.
What are ‘individuals, businesses or organisations’ in public liability claims?
This broad category encompasses small businesses, corporations, shops, bars, restaurants, venues, and any other space open to the public. It also covers government-owned places such as schools, TAFEs and sporting fields.
While councils are included, they are heavily protected by the law. We strongly suggest seeking legal advice before filing a public liability claim against a council.
What is duty of care and negligence in a public liability claim?
‘Duty of care’ is the responsibility of individual people, businesses and organisations to act with reasonable regard for public safety. Failing to fulfil this duty of care is ‘negligence’. You may have a public liability claim if this negligence causes you injury or loss,
Crucially, you must be able to prove a direct link between the breach of duty of care and your injury or loss. You cannot make a public liability claim unless you’ve suffered some form of harm—even if the other party behaved negligently.
Public liability claim examples
While you can make a public liability claim for any accident resulting from negligence, the most common claim examples include:
- Accidents on public property (e.g. parks or footpaths).
- Accidents on private property (e.g. shopping centres, nightclubs or bars).
- Accidents on rental premises (e.g. wobbly balconies or uneven flooring).
- Physical assaults.
- Schoolyard or childcare injuries.
- Recreational and sporting injuries (e.g. jet-ski and diving accidents).
- Aviation or boating injuries.
- Amusement park injuries.
- Health and fitness injuries (e.g. massage or personal training).
- Accidents on public transport.
Importantly, public liability claims cover both physical and psychological injuries. This includes sexual assaults, injuries caused by animals, and even food poisoning.
If you’re unsure whether your situation qualifies, chat with an expert public liability attorney today.
Public liability compensation: how much can I claim?
You can claim public liability compensation for the ‘loss’ you’ve suffered due to your injury. There are two main types of loss: ‘economic’ and ‘non-economic’.
Public liability compensation: economic loss
‘Economic loss’ is the actual financial cost of your injury. It covers:
- Lost income (both past and future).
- Lost superannuation entitlements (both past and future).
- Medical treatment.
- Travel (between home and medical treatment).
- Professional in-home care.
- Modifications to your home and vehicle.
Public liability compensation: non-economic loss
‘Non-economic loss’ is compensation for the injury’s negative impact on your life. This includes:
- Pain and suffering
- Loss of enjoyment of life
- Loss of opportunity
- Gratuitous care (unpaid assistance from a loved one)
- Loss of capacity to care for someone who depends on you.
Non-economic losses do not have strict financial values. Instead, the court will look at the severity of your injuries and how they affect you day-to-day. Importantly, each state in Australia has their own laws around non-economic loss, so it’s important to understand which applies to you.
Can I make a public liability claim?
As we’ve discussed, you can make a public liability claim if you’ve suffered an injury or loss due to a person, business or organisation’s negligence.
The only exceptions are where your injury falls under another area of law. For example, if your employer is negligent and you’re injured at work, you’d be entitled to a common law damages claim. And if you’re injured in a car accident, you’d have a motor accident claim instead.
If you’re unsure about your right to compensation, our public liability lawyers are here to help. A successful claim could lead to a substantial payout, so get free legal advice today to make sure you don’t miss out.
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