Public Liability

Have you been injured because a person or organisation failed to take proper care? We can help you make a public liability claim.

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Don’t just take our word for it Read what our clients say

I got four quotes and they were the best price

Warren and his team went above and beyond to get me the best result in record time I am sure. I got four quotes and not only were they the best price, they were less than half of one of the firms you always see on TV. Seriously can’t thank these guys enough!

Myles Brown

Made my claim so easy and effortless

I would sincerely like to thank Daniella, Sally, and anyone else I’ve left out from the bottom of my heart for getting my claim over the line in 6 months or so.

The staff made my claim so easy and effortless and I highly recommend them to anyone who needs assistance in making a claim. Leave it to the experts, you will save yourself a lot of heartache.

Die Hardeagle

They supported me, in every possible way, when no one else did

I have no words to express the gratitude I feel towards the entire Monaco Team for the support and professional help they have given me in regards to my matter. Kelly, Jo, Megg and everyone involved in my case have always gone beyond their formal responsibilities to push me through very hard times and finally achieve a positive outcome. Besides their extremely professional services, they supported me, in every possible way, when no one else did. I felt encouraged to make difficult decisions and break my fears along the way.

I am thankful from bottom of my heart. I can truly recommend them, not only as lawyers but as people.

Laura Solano

We got a much better outcome than we thought possible

I highly recommend Monaco Solicitors to handle your case for the best possible outcome. They are great and Megg especially is the most professional and pleasant person to deal with. Megg communicated with us in a simple way that we could understand, she was very prepared with the case and presented it in such a way that the insurance company couldn’t find anything to say, just agreed with her.

Thanks to Megg and the team at Monaco Solicitors we got a much better outcome than we thought possible. We are thrilled with the care and dedication they provided to us.

Nada Jovanovic

Put your trust in the team at Monaco, they won't let you down

Monaco Solicitors helped me get the best outcome financially for my future after work place injuries left me unable to return to work. Ben, Daniella and team were always professional and helpful throughout the whole process, as stressful as it was for me they always gave me peace of mind by keeping in contact with me regularly on the progress of my claims and thoroughly explained the whole process to me along the way. As overwhelming as it can be I’m extremely happy I trusted the team at Monaco to deal with and handle my case, they actually showed genuine care on the hardest days for me by calling and emailing to check in on me… and that really means a lot. I highly recommend to anyone else in a similar position to put your trust in the team at Monaco, they won’t let you down.

Adam Russo

Took all of the worry of my claim away from me

My solicitor Ben and his assistants took all of the worry of my claim away from me (that is the reason that I had waited so long to appeal – as it was just too hard even though I knew I was in the right!!). They kept me fully informed of all developments and achieved what I believe to be a very successful outcome. I would very much recommend Monaco Solicitors for compensation litigation.

Peter Dorahy

They went above and beyond to understand and accommodate my difficult situation

I have had a workplace injury and the Insurance company refused to do surgery for 2+ years. Having hit rock bottom and not knowing what to do next, I called Monaco for some advice and they took me on board and helped explain my options. Being the industry I’m in and a very niche job title, I can say they went above and beyond to understand and accommodate my difficult situation. I am now getting my surgery because of their fantastic efforts to understand an absolute mess that WorkCover created.

XPSuedoX

I would recommend Monaco Solicitors to anyone needing help

I am so happy with the outcome of my case. Monaco Solicitors were very professional and their expertise and knowledge were comforting. Daniella was excellent to deal with. She kept in contact with me on a regular basis with up-to-date progress on my claim. I would recommend Monaco Solicitors to anyone needing help. All the team was very happy and helpful and always available to talk with you. My case has just taken 3 months to get an outcome from the time all the paperwork was completed. Which is an unbelievable time frame. I can’t thank them enough.

Kharli Green
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4.9
Based on 181 Reviews

Frequently Asked Questions

Do I have a Public Liability claim?

As a member of the public, you have the right to be safe. If you have been injured as the result of another person or organisation’s negligence, you may have a public liability claim.

You need to prove:

  • You were owed a duty of care, and
  • That duty of care was breached, and
  • That this breach resulted in your injury or loss

There are strict time limits on public liability claims, so it’s important to talk to a lawyer as soon as possible.

What types of accidents can I make a public liability claim for?

Below are just some examples of the many claims we have won:

  • Accidents on public property (e.g. parks or pavements).
  • Accidents on private property (e.g. shopping centres, nightclubs or bars).
  • Accidents on rental premises (e.g. wobbly balconies, or walking surfaces).
  • Injuries caused by animals (e.g. dog or animal attacks, horse-riding accidents).
  • Physical assaults resulting in an injury.
  • Schoolyard injuries.
  • Recreational and sporting injuries (e.g. jet-ski and diving accidents).
  • Aviation injuries.
  • Boating injuries.
  • Amusement venue injuries.
  • Health and fitness injuries (e.g. massage, personal training).
  • Accidents on public transport (e.g. buses and trains).

This is not a complete list. If you’re unsure whether your particular situation is covered, contact us today for a free consultation. One of our public liability experts will tell you where you stand.

Note: If you were injured at work, then you your claim will be covered under Workers Compensation. If you were injured on the road, with a Motor Vehicle Accident claim.

What can I claim compensation for and how much will I get?

The law tries to put a monetary value on your losses. Here are some examples of what you can claim compensation for:

  • Pain and suffering (called general damages or non-economic loss)
  • Loss of enjoyment of life because of your injury (including psychological injury)
  • Past and future wage loss or loss of earnings
  • Past and future loss of superannuation entitlements
  • Past and future expenses (such as medical expenses, your travel and home and vehicle modifications)
  • Care and help provided by friends, members of your family or commercial care costs
  • Loss of capacity to care for someone who depends on you

If you think you might have a public liability claim, contact our lawyers for a free consultation. They’ll be able to tell you what your entitlements are, and how much you might be able to claim.

Are there time limits?

Yes, you must start court proceedings within three (3) years of becoming aware of the seriousness of the injury. To avoid missing out on your entitlements, it’s crucial to get legal advice as soon as possible.

What should I do if I am injured because someone was negligent?

The more details that are reported and documented at the time of your accident, the easier it is to prove your case. To help, we’ve put together a checklist of things to do:

  • Get medical attention right away, even if your injuries seem minor
  • Notify the establishment/organisation where you were injured about the accident as soon as possible
  • Take photos of the accident location (both before and after any repairs, if possible)
  • Take photos of your injury
  • Keep copies of medical records, x-rays and scans, and any correspondence between yourself and the other party
  • Most importantly, get legal advice as soon as possible

What will it cost me?

With our ‘No Win No Fee’ guarantee, it costs you nothing to start your claim, and you only pay us when we win your case. If we don’t win, you don’t pay any fees.

Unlike most other law firms, we guarantee:

  • No up-front charge for any expenses
  • No fees if we’re not successful
  • A clear estimate of our legal fees before we begin the work
  • A loan to tide you over until you get your money (if required)

What other claims could I have?

You might not know it, but your superannuation fund has many benefits to assist you, in situations where you can’t work due to injury or illness. These are called ‘Total and Permanent Disability’ benefits, or TPD. Despite the name, you don’t have to be totally disabled — if you’re unable to do your regular job because of an injury, you’re eligible.

You might also have a claim under your personal or life insurance. Payments under these policies are usually a lump sum payment, and on top of your public liability claim.

To find out more about Superannuation, TPD, and Insurance Claims, contact us today. One of our team will talk you through all the claims you are eligible for.

Do I need a lawyer?

Often, people who have suffered an illness or injury will attempt to pursue a public liability claim without legal representation. This is especially true if you feel your injury is less significant. While this approach can be effective if every party acts in good faith, insurers will sometimes try convince unrepresented claimants that they do not have a claim, or encourage them to take a low offer.

Dealing with an insurer can be intimidating, and a lawyer can help guide you through the process. Our reputation for being tough, experienced and well-prepared means that the insurance companies are more likely to resolve your claim faster. In our experience, represented clients also receive larger settlements.

It’s vital to remember that public liability is an area of law governed by strict time frames and regulations, and a lawyer will ensure you meet all requirements, giving you the best chance of receiving compensation.

If you are hesitant to engage a lawyer for financial reasons, our No Win No Fee guarantee has you covered. There are no upfront costs, and you pay nothing until we successfully resolve your case.

If you are a member of the public who has been injured on public or private property, get in touch today. In a free consultation, our team will take you through your rights and estimated compensation, so you can make an informed decision on how to proceed.

We’ve got what it takes to get you back on track. But don’t just take our word for it, check out our Google reviews or hear from our clients.

How long will it take?

Once we have the evidence to support your claim, you might get your compensation in as little as six months. Most cases take a little longer (between 1 to 1.5 years), especially if you’re still waiting for your injuries to stabilise.

Will I need to go to court?

Probably not. Less than 5% of our public liability claims go to court — the rest settle out of court. The courts these days encourage matters to be resolved at settlement conferences or mediations, which means lower fees and less stress for you.

Can I claim for a family member who has passed away?

In Australia, you cannot claim compensation on behalf of a person who has died due to the negligence of a person or organisation. But that doesn’t mean we can’t help you. You and your family members may still have a claim for:

  • Nervous shock – caused by the emotional impact of the death for you and your family.
  • Compensation to relatives – when family members were financially dependent on the person who died, they may claim for this financial loss.

I signed a waiver, do I still have a claim?

If you have ever rented a car or participated in a recreational activity like team sports or skydiving, you’ve almost certainly signed a waiver.

Commonly used in the sports and entertainment industries, a waiver is a formal agreement between the person or company providing an activity, and the participants. When you sign a waiver, you acknowledge the risks associated with the activity and agree that, should you be injured, you will not bring a legal claim.

While often a signed physical form, a waiver can also be an injury risk warning on a sign or other document, such as ticket.

While this might sound watertight, the law surrounding waivers is complicated, and providers are still obligated to operate safely. Though you might have signed a waiver acknowledging your participation in a potentially risky activity, you have not necessarily waived your right to compensation.

For example, if you go horse riding, tell the instructors you are an inexperienced rider, and are offered no safety walk through or training, you may be entitled to compensation — even if you have signed a waiver.

Essentially, if you can prove the provider breached their duty of care to you, or your injury occurred as a direct result of their negligence, you may have a claim. In contrast, if your injury was caused by a known risk of the activity, the waiver may extinguish your rights to compensation.

Each case turns on its individual facts, so it’s crucial to talk to a public liability lawyer as soon as possible. Get in touch today, and our team will talk you through your options in a free initial consultation.

Can I claim if my child was injured at childcare?

As a working parent, you place a great deal of trust in the childcare centre your child attends. If your child is injured at their childcare centre, you may be upset, distressed and seeking recourse. This is where an expert public liability lawyer can assist.

Childcare workers have a duty of care to the children they work with. This means their employers are liable if a childcare worker is negligent (that is, fails in their duty of care). To prove negligence, you must establish that:

  • The childcare centre or worker failed in their duty of care, and
  • Your child was injured as a direct result

A crucial aspect is that the injuries could have been prevented. For example, if your child:

  • Is injured on unsafe play equipment
  • Is injured during unsupervised play
  • Suffers an anaphylactic allergic reaction from a known allergy

You may also have a claim if the childcare centre failed to notify you, as soon as possible, of your child’s serious illness, injury or accident, including where they are admitted to hospital or missing.

It is important to note that even if the childcare centre owed your child a duty of care, and your child was injured in their care, this does not automatically mean you have a claim. The law acknowledges that accidents, particularly when dealing with large groups of children, are a reality.

If your child has been injured at a childcare centre and you are looking to start a claim or get advice on your particular situation, contact us today. We offer free, obligation-free consultations, so you and your family can get the specialist help you deserve.

98% Success Rate

We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.

Why choose our team of Public Liability lawyers?

We have one of the highest success rates in the industry. This doesn’t just happen. It’s our hard, diligent work that gets results. We leave nothing to chance in preparing your claim, so you get the result you deserve.

Contact a Lawyer Now

Award-Winning Lawyers

In 2020, we were awarded “Compensation Law Firm of the Year in Australia” by Global Law Experts and “Personal Injury Compensation Law Firm of the Year” by ACQ5 Global Law Awards.

Public Liability Law Specialists

We have an expert team that deals exclusively with public liability, led by Law Society Accredited Specialists. No matter how complex your claim, we have the expertise to handle it successfully.

We Maximise Your Payout

We make it our business to get you your maximum entitlements. We won’t settle for less than we know your claim is worth — no matter how hard insurers try.

4.9 Star Google rating

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating within the industry.

34 Offices Australia Wide

With offices all over Australia, help is just around the corner. Alternatively, we can organise video conferencing, or come to you in person.

Financial Muscle

It’s no secret that public liability claims are expensive to prepare. We have the financial muscle to cover all your expenses and go the distance against the insurance companies.

Millions won for our clients

Here are some examples of our firm’s recent wins

$1.2 million

When a faulty truck tray severely injured Oscar, we proved that the owner was liable.

Oscar, a concrete tip man, severely injured his elbow on a highway project in rural NSW. While unlatching hinges on a truck carrying wet cement, a faulty hinge caused the truck’s heavy tray to swing open — straight into Oscar’s elbow.
Oscar’s elbow injury led to a diagnosis of complex regional pain syndrome. He required two surgeries and months of rehabilitation. On top of his physical injury, Oscar also developed a psychological condition. At this point, he came to us.

We engaged a leading automotive engineer, who used photographs to determine that the truck’s hinge was not suitable for the heavy load it was carrying. We then subpoenaed documents relating to the truck, discovering a history of defects prior to Oscar’s accident. We then engaged leading medical experts, including a pain specialist, who confirmed the nerve damage to Oscar’s elbow would likely prevent him from working again.

In mediation, and with the assistance of a senior barrister, we secured Oscar a settlement of $1,200,000.

$950,000

Though councils are usually immune from law suits, we helped Mateo take one on — and win.

While crossing the street, Mateo stepped into a badly-repaired pothole with sharp concrete edges. He rolled his angle and injured his elbow, requiring emergency surgery. He then underwent three further operations, and was left with permanent damage. Subsequently, Mateo developed psychological stress and depression.

When Mateo came to us, we recognised his case would be difficult for two reasons. First, councils — who are responsible for footpaths — are largely immune from law suits. Second, we’d need to act before the pothole was repaired.

We engaged a leading safety expert and engineer to assess the public footpath and pothole. He confirmed that the area had been poorly repaired, and was a danger to pedestrians. We also commissioned a team of highly-respected medical specialists to prepare detailed assessments on Mateo’s injuries. They confirmed that Mateo would need a full elbow replacement in the future.

After two days of negotiations, we secured a settlement of $950,000. Mateo was pleased with the outcome. He planned to use the money for future treatment, and retraining for a job to accommodate his injuries.

$800,000

When Paul injured himself in a Coles carpark, he could no longer work. After two court cases, we got him the settlement he deserved.

In the wet carpark of a Coles supermarket, Paul slipped and severely injured his recently-repaired left hip. Paul’s new injuries necessitated an urgent hip replacement. He was left with reduced mobility, permanent scars, and a psychological disorder. His treating surgeon confirmed he would never be able to work again.

Devastated, Paul contacted our legal team. Though his injuries were severe, we knew that a large corporation like Coles would still be a tough opponent. We had to have a plan.

We engaged a leading safety expert to inspect the carpark. With our help, they demonstrated that there were serious defects in the carpark’s construction. We then subpoenaed documents from Coles, discovering that the company was aware of these defects at the time of Paul’s accident. We then engaged highly-qualified medical experts, including an orthopaedic surgeon and a psychiatrist, who assessed Paul’s physical and mental condition. They documented the severity of Paul’s injuries, his loss of earning capacity, and the challenges he was likely to face in the future.

As expected, Coles vigorously defended Paul’s claim. The case went to trial in the Supreme Court, and the judge ruled in Paul’s favour. Coles then appealed the decision to the Court of Appeal. Working with one of the most senior and respected barristers in Australia, we successfully defended the claim. Once again, the Court found that Coles was negligent. We secured Paul $800,000, plus legal fees of $300,000.

$700,000

When Suzanna was thrown from a horse, we proved that the horse-riding company was negligent.

When Suzanna visited a horse-riding establishment, she requested a horse suitable for first time riders. The owner reassured Suzanna that her horse was old and tame. During the ride, Suzanna was thrown off when the horse stood on its hind legs. She landed on her back, sustaining several spinal fractures.

After doctors told Suzanna she’d require complex back surgery (and that the results were uncertain), she came to us. We began the difficult task of finding an equestrian expert to comment on the case. After making country-wide enquiries, we located a renowned expert in horse training. We put together a brief for him, including records obtained from the horse-riding business.

The expert’s report confirmed that the horse allocated to Suzanna did not possess behavioural traits suitable for an inexperienced rider.

We then briefed a leading orthopaedic surgeon to report on Suzanna’s injuries, her future back surgery, and the injuries’ effects on her daily life. We also obtained other reports outlining Suzanna’s reduced work capacity, and her need for assistance on an ongoing basis.

In the end, we secured Suzanna a settlement of $700,000 within six months of commencing court proceedings.

$700,000

Patrick, a contract courier, was injured at a depot — we proved the depot owner was responsible.

While working as a contract courier driver, Patrick was injured at a Toll depot. A crate on top of a forklift tipped over and fell on him, severely injuring his left knee. He required surgery and many months of rehabilitation. Unable to work, he was forced to deplete his savings. At this point, Patrick came to see us.

Patrick’s case turned on the cause of the accident. First, we reviewed and analysed the Toll depot’s system of work. We then engaged an occupational health and safety expert, who reported that the accident was the result of poor safety procedures in the Toll depot. This report was the key to the case.

We then briefed several leading medical experts, including a rehabilitation specialist and an orthopaedic surgeon specialising in traumatic injuries. The case eventually settled, and we secured Patrick a sum of $700,000. Both our lawyers and Patrick were very pleased with the result.

What to expect
Your Public Liability Claim Process

  1. You get in contact Tell us what happened. Your consultation is free, and we’ll advise you if you have a claim on the spot.
  2. We gather evidence We build a strong, evidence-based case, including surveillance footage, witness statements, expert medical reports, and documents from accountants.
  3. You might attend an independent medical examination Our medical team will help us determine how much compensation you’re entitled to. This includes pain and suffering, loss of wages or earnings, and any personal care needs and requirements. We organise everything, including an interpreter if you need one.
  4. Your Settlement Conference Most likely, your matter will settle out of court. This is where decades of specialised experience come into play. With all the evidence we’ve gathered, we negotiate the maximum settlement we can for you.
  5. Court In less than 5% of cases, we go to court. If this happens, we’ll guide you through the entire process. We have the skills and the financial muscle to go head to head with the insurers, ensuring you get your maximum compensation.

Work with our award-winning team

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