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Public Liability Claims

If you have suffered an injury in a public place or visiting business premises, government premises or other property, or as an independent contractor going about your work, you may very well have a personal injury claim and be entitled to compensation. Just some of the circumstances which may give rise to such compensation are as follows:-

Slip and fall accidents, ie. in supermarkets, shopping centres, retail centres and on footpaths;

Accidents at private residences;
Accidents at schools or in parks or playgrounds;
Injuries due to defective or faulty products;
Dog attacks;
Boat accidents;
Injury suffered by an independent contractor on a construction site;

If it can be proven that your injury has resulted from the wrongful or negligent act or omission of another party, then you may be entitled to compensation as follows:-

Compensation for pain and suffering and loss of your amenities of life;
Loss of earnings (including loss of past and future income and loss of superannuation payments);
Medical and rehabilitation expenses you have incurred and are likely to incur in the future;
Care costs (including past and future care);
Out of pocket expenses;

If your injury occurred on your way to or from work, or during the course of your work, you are most likely entitled to claim workers’ compensation benefits (or Workcover Statutory Benefits as they are also known), whilst you are recovering from your accident injuries.

Such personal injury claims are usually termed “public liability claims” or PIPA claims as they are governed by the provisions of the Personal Injury Proceedings Act 2002 (also known as “PIPA”) in Queensland. To pursue your public liability or PIPA claim and to ensure it is protected, you must comply with the procedural provisions as stipulated in the Personal Injuries Proceedings Act 2002. AMK Lawyers have a team of personal injury lawyers who specialise in PIPA claims and can guide you through the legal processes involved in such claims and which must be complied with in order for you to protect and pursue any compensation entitlements you may have under such legislation and at Common Law.

Frequently Asked Questions

Got a question? Get your answer.

What is a Public Liability Claim?

A public liability claim may occur where a person, due to no fault of their own, is injured as a result of the negligence or actions of another party.

Examples of where an injured person may have such a claim include:

A slip, trip or fall in a public place such as a shopping centre where it may have been prevented;
As the result of a falling object;
An accident that occurred on school grounds;
An injury that occurred at someone else’s property or a rental property;
An injury caused by a faulty or defective product; and
An injury when working as a contractor on a construction site where no entitlement is in place for benefits or compensation from Workcover Queensland.

How do I make a Public Liability Claim for my injury?

The legislation covering this area of Personal Injury Law in Queensland is the Personal Injuries Proceedings Act 2002 which sets out the procedures that are required to be followed including the completion and service of a Notice of Claim on any party identified as at fault.

You may think that by lodging your own claim you can save time and money, however, the legislation can be complex and dealing with an insurance company may be stressful. We recommend that you seek legal advice before proceeding with any compensation claim.

How long do I have to bring a claim for my Public Liability Injury?

It is important to be aware of the time frames to make a public liability claim. You must deliver your claim on the at fault party within a three (3) year period from the date of the accident or you may be statute barred.

A claim should be commenced the earlier of either, one (1) month of consulting a lawyer, or nine (9) months from the date of the accident.

It is possible to lodge a claim outside of these time frames if a reasonable excuse can be provided.

What compensation can I receive?

The total amount of compensation you may receive as a result of an injury will be different for every individual. It will depend upon the type, and severity, of the injury you have suffered. How the injury has impacted on your employment, domestic and social activities following the accident and into the future, are also considerations. Just as importantly, your age and earnings at the time of the accident are factors.

A person with a public liability claim, can seek compensation and damages for the following:

General damages for pain and suffering as a result of the injury;
Loss of past and future wages including superannuation;
Cost of medical and rehabilitation expenses incurred due to the accident;
Future cost of medical, rehabilitative or surgery costs likely to be incurred; and
Past and future gratuitous (subject to legislation) and paid care requirements as a result of the accident.

To access our compensation calculator, click here.

Helpful links:

Legislation:

Personal Injuries Proceedings Act 2002
https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-2002-024

For forms:-
https://www.publications.qld.gov.au/dataset/personal-injury-forms

Disclaimer: This information is designed for general information in relation to Queensland compensation law and does not constitute legal advice. We strongly recommend you seek legal advice in regard to your specific situation. For help understanding your rights, please call 07 3136 3287 or 0431 374 476 to talk to one of our lawyers today.