A slip on an unmarked wet floor, a trip on a broken step, an injury from something falling in a shopping centre — when it happens in a place someone else was responsible for keeping safe, you may be able to make a public liability claim. This guide explains, in plain English, how those claims work in Queensland: who can make one, what to do straight after an injury, what you need to prove, the time limits that apply, and what compensation can cover.
Queensland state schools carry no student accident insurance; injury costs fall to the family.
A claim needs proof of carelessness — a serious injury on its own isn’t enough.
A child’s settlement needs court or Public Trustee approval, then is held in trust.
The question is whether the risk was foreseeable and not insignificant, and whether a reasonable school would have taken precautions against it — not whether the injury could conceivably have been avoided.
1. What public liability claims and slip and fall claims are
A public liability claim is a compensation claim for an injury caused by someone else’s failure to keep a place reasonably safe. This guide covers public liability claims in Queensland — who can claim, what to do after an injury, what to prove, and the time limits that apply.
These claims are not limited to public spaces. They cover injuries in private spaces open to the public too — a shop, a restaurant, a gym, a rental property, a car park. Common examples include uneven or broken footpaths, a wet supermarket floor left without a warning sign, poor lighting on a stairwell, falling objects, or a hazard left lying in a walkway. The common thread is that whoever controls a space — a business, an occupier, a landlord, or a local council — owes the people using it a duty of care to keep it reasonably safe.
1.1 How slip and fall claims fit in
A slip and fall claim is a specific kind of public liability claim: one where a person slips, trips, or falls because of an unsafe condition. It’s the most common type — falls are the leading cause of injury hospitalisation in Australia — but public liability is broader, covering things like defective equipment, falling objects, or a dog attack. The legal framework is the same whether the injury is a fall or something else; what differs is the facts.
2. Who can make a public liability claim
Most people injured by someone else’s negligence in a public or private space can make a public liability claim, regardless of age. The rules for public liability claims in Queensland apply whether the injury happened in a public place or a private space open to the public.
For adults, the process is relatively straightforward. A claim can also be made on behalf of a child — and the time limit works differently for children (see §4). Where a child receives compensation, it’s usually managed on their behalf until they turn 18. Sometimes more than one party is responsible — for example, a shopping centre and a cleaning contractor — and a claim can involve each of them.
2.1 When it’s a different kind of claim
Not every injury in a public setting is a public liability claim. Two situations are usually handled under separate schemes:
- Car accidents. Injuries from a motor vehicle accident are dealt with through Queensland’s compulsory third party (CTP) scheme, not public liability. See how CTP claims for road accidents work.
- Workplace injuries to a worker. If you’re injured at work as a worker, your claim usually goes through the WorkCover scheme — see WorkCover claims for workplace injuries. A visitor injured at a workplace — someone who isn’t a worker — may instead have a public liability claim.
3. The four steps after a slip and fall, and the claim process
If you’ve had a slip and fall, four steps protect both your health and any public liability claim. They’re worth doing even if you’re not sure you’ll claim.
3.1 Step 1 — Get medical attention
See a doctor even if you don’t think you’re badly hurt. Some injuries — soft-tissue damage, back problems, concussion — don’t show straight away, and your medical records become the evidence of what happened and how it was treated. Follow the advice you’re given and attend any follow-up appointments.
3.2 Step 2 — Report the incident
Tell the owner or manager as soon as you can, ideally within 24 hours, so there’s a record of what happened. Give the date, time, location, what happened, and any contributing factor (a wet floor, a broken step). Ask for any CCTV footage to be preserved, and ask for a copy of the incident report. If they refuse to provide one or do nothing, note that too — it can matter later.
3.3 Step 3 — Gather and preserve evidence
The injured person carries the burden of proof, so evidence is what holds a claim together. When gathering evidence, the most useful items are usually:
- Photos and video of the scene and the hazard — taken promptly, from several angles.
- The names and contact details of any witnesses — and, if they’re willing, a short written account of what they saw.
- Official records — a police report, the venue’s incident report, and any property or maintenance records.
- Medical records, bills, and receipts for treatment.
- Physical evidence — for example, the footwear or clothing involved, kept in the same condition rather than washed or thrown away.
- A dated record you keep as you go. A short note of symptoms, appointments, time off work, and any help you needed at home. Notes made at the time are easier to rely on than a reconstruction months later.
3.4 Step 4 — Get advice and start the claim
A public liability claim in Queensland runs through a pre-court process set out in the Personal Injuries Proceedings Act 2002 (Qld) (PIPA), which requires written notice of a claim before any court action. Most claims are resolved inside that process without reaching a courtroom.
- First, the Notice of Claim. A Part 1 Notice of Claim goes to the party you say is responsible, within a strict deadline (see §4). The approved form comes in two parts, Part 1 and Part 2, and each has its own timing.
- Then the respondent’s position. The party you have notified investigates and states whether it accepts liability.
- Then medical assessment. Medical assessments may be arranged so the injury and its effects are properly understood.
- Then the compulsory conference. The parties meet to try to settle. If it doesn’t resolve there, they exchange mandatory final offers.
- Only then, court. If the matter still isn’t resolved, a court proceeding must be started within 60 days of the compulsory conference.
Ascent Lawyers acts for clients through these pre-court steps, including preparing the Notice of Claim and taking part in the compulsory conference.
3.5 Avoiding common missteps
Beyond the four steps above, a few practical habits tend to make a public liability claim harder than it needs to be.
- Do report the incident and see a doctor promptly; don’t leave it weeks, when records are harder to pull together.
- Do keep your evidence — photos, the incident report, damaged footwear; don’t throw things out or wash them.
- Do be careful what you post on social media after an injury; posts can be taken out of context.
- Don’t feel pressured to accept an early settlement offer before you know the full extent of your injuries.
4. Time limits and proving fault in a public liability claim
Two things shape almost every public liability claim: the strict time limits, and whether the other party’s fault can be shown.
4.1 The time limits
A Part 1 Notice of Claim must be given by the earlier of nine months after the incident (or when symptoms first appear), or one month after you first instruct a lawyer. The three-year period is the deadline to start court proceedings, not the deadline to notify.
In Queensland, the Limitation of Actions Act 1974 (Qld) sets the time limit for a public liability claim at generally three years from the date of the injury to start court proceedings. Part 2 of the Notice of Claim follows Part 1, and must be given within two months after the respondent responds to Part 1. Different rules apply for children — the three-year period generally doesn’t start until the child turns 18. Missing a deadline can end a claim, although a court can extend time in limited circumstances.
4.2 Proving fault — duty, breach, and causation
To succeed in a public liability claim, an injured person generally needs to show three things. These elements come from the common law and the Civil Liability Act 2003 (Qld) (CLA), which sets out the general principles for negligence claims in Queensland:
- Duty of care. The other party owed a responsibility to avoid foreseeable harm. A shopping centre owner, for example, owes a duty of care to people walking through.
- Breach of duty. The other party didn’t meet that responsibility — such as leaving a wet floor without a warning sign. The standard is what a reasonable person in their position would have done in the circumstances. Photos of the hazard, witness accounts of how it arose, and in some cases expert evidence about the standard expected, can help show this.
- Causation. The breach actually caused the injury. Medical records linking the injury to the incident, and medical opinions, are typically what establish this.
4.3 What can affect a claim
- Contributory negligence. If the injured person partly contributed to their own injury — say, by not looking where they were going — compensation can be reduced to reflect their share of responsibility, but this doesn’t automatically end a claim.
- Pre-existing conditions. An earlier injury or condition can complicate how the impact of the new injury is assessed, which is why an honest medical history matters.
- Severity and recovery. Serious injuries usually take longer, because a claim is best settled once the full, long-term extent of the injury is known.
- More than one responsible party, and the other side’s response. Where several parties share responsibility, sorting that out takes time; and if liability is admitted early, fewer issues are left to resolve, whereas a contested claim can take longer.
- Evidence that’s contested or incomplete. Witness accounts that conflict, thin evidence about how the hazard arose, or disagreement about how badly the injury has affected you, all add time and complexity.
Which of these apply, and how much they matter, depends on the individual facts. Ascent Lawyers reviews these factors when advising on a public liability claim.
5. What compensation can cover in a public liability claim
Compensation in a public liability claim is grouped into two broad types: economic loss, meaning the quantifiable financial cost of the injury, and non-economic loss, meaning the pain and the effect on your life. The cost of care and assistance is dealt with separately, and carries its own conditions.
5.1 Economic loss
Economic loss covers the financial losses you can put a figure on.
- Past and future loss of income. Earnings already lost, plus earnings you are likely to lose in future if the injury affects your ability to work.
- Medical and treatment expenses. Past and future treatment costs, including prescriptions, rehabilitation, and related out-of-pocket expenses.
- Loss of capacity to care for yourself and your dependants. Where the injury reduces your ability to do things for yourself, or for the people who rely on you.
- Superannuation. The effect on retirement contributions that would have been paid had you kept working.
Where future loss of income is in issue, work history and qualifications matter to the assessment. A consistent employment record and a trained occupation give a clearer basis for working out what someone would have gone on to earn, and an injury that stops someone working in the field they trained for raises a different question from one that doesn’t.
Economic loss is usually paid as a single lump sum when the claim is finalised, rather than as ongoing payments.
5.2 Non-economic loss
Non-economic loss covers pain and suffering and the loss of enjoyment of life — the parts of an injury that can’t be reduced to receipts. It includes physical pain, emotional distress, and a reduced ability to take part in work, hobbies and sport.
In Queensland, non-economic loss is assessed by giving the injury an injury scale value (ISV) on a scale running from 0 to 100, where 0 is an injury not severe enough to attract an award and 100 is the most severe injury possible. The scale is set out in the Civil Liability Regulation, and exists so that similar injuries are assessed on a similar basis. It applies to non-economic loss only — economic loss is worked out separately.
5.3 Care and assistance
Care and assistance can be claimed whether you pay for it or a family member provides it free, but the unpaid kind comes with conditions.
Paid care. Where an injury stops you doing domestic tasks, the cost of paying someone else to do them — cleaning, cooking, laundry, gardening, personal care — can form part of a claim.
Gratuitous care. Care given without payment by family or friends can also be claimed, but Queensland law sets conditions: the services must be necessary, the need must arise solely from the injury, and the care must be provided for at least 6 hours a week and at least 6 months. This is sometimes called the 6 x 6 rule. Care of the same kind that was already being provided before the injury doesn’t count.
Because both the time limits and the way an injury is valued turn on individual circumstances, many people get legal advice before settling. Ascent Lawyers takes public liability enquiries in Mandarin, Cantonese and Vietnamese as well as English.
6. Common questions about public liability and slip and fall claims
It depends on the injury, your recovery, and whether liability is disputed. Some claims resolve in months; others take longer, especially where the full extent of the injury isn’t yet clear. A claim is usually best settled once your injuries have stabilised.
Usually not. Most are resolved through the pre-court process, often at the compulsory conference. Court is the exception rather than the rule.
Yes. A claim can be made on a child’s behalf, and the time limit works differently — the three-year period generally doesn’t start until the child turns 18.
Example: imagine a child injured on faulty playground equipment at age 10. A parent can act on their behalf now, and the child’s own three-year period would not begin until they turn 18.
7. How Ascent Lawyers can help with public liability claims
There are several points in a public liability claim where people often consider legal advice. The points below map to the stages discussed above:
- Working out whether you have a claim. Confirming who was responsible for the space, and whether duty, breach, and causation can be shown, sets the direction of a claim. (See §2 and §4.)
- Before the notice deadline. The Notice of Claim has a short window — the earlier of nine months, or one month after instructing a lawyer — so the timing of advice matters. (See §3 and §4.)
- Gathering and preserving evidence. Identifying what evidence is available — CCTV, incident reports, maintenance records — and securing it before it’s lost. (See §3.)
- When liability is disputed or an early offer is made. Preparing the claim materials, taking part in the compulsory conference where most claims resolve, and responding if the other party denies responsibility or makes an early offer. (See §3 and §4.)
What’s involved is adjusted to each matter. Ascent Lawyers operates on a No Win No Fee basis. Specific cost arrangements are explained at initial consultation.
8. What to remember about public liability claims in Queensland
A public liability claim gives someone injured by another party’s failure to keep a space safe a way to seek compensation in Queensland. The framework comes down to three elements — duty of care, breach, and causation — supported by good evidence, which is why the steps you take straight after an injury matter so much. The time limits are strict: a short notice deadline and, generally, three years to start court action. And most claims are resolved through the pre-court process rather than in a courtroom. If you think you may have a claim, the practical steps are to get medical advice, keep your records, and be mindful of the deadlines.
This information is general in nature and does not constitute legal advice. Each matter depends on its own circumstances.
