Accidents in public places happen in an instant—leaving you injured, confused, and unsure of what to do next.
At Stacks Goudkamp, our experienced public liability lawyers are here to help you understand your rights and navigate the process of claiming and receiving compensation.
Below, we outline the key issues surrounding compensation for injuries suffered in public places in New South Wales.
Where Do Public Place Accidents Commonly Occur in NSW?
Accidents often happen in locations where many people gather or move through daily. These include:
- Shopping centres and supermarkets
- Children’s playgrounds and jumping castles
- Gyms
- Fairs, markets, and schools
- Hotels, pubs, and other licensed venues
- Car parks (particularly underground)
- Elevators, escalators, and travellators
- Building foyers
- Private balconies
- Airports and ferry terminals
- Jetties, boat ramps, and wharves
- Restaurants, cafes, and showrooms
- Non-government boats and vessels
This list is by no means an exhaustive one.
Understanding Duty of Care in Public Spaces?
The operators, owners, and managers of public places owe a legal duty of care to keep visitors safe from foreseeable harm—excluding trespassers or those engaged in criminal acts.
Examples of duty of care include:
- Supermarkets and cafes must keep floors dry and furniture stable.
- Licensed venues must remove aggressive or intoxicated patrons to prevent harm.
- Fairgrounds and playgrounds are responsible for regular equipment checks.
- Car parks should be free of oil or other slipping hazards.
- Jumping castles must be secured to withstand sudden wind gusts.
- Retail stores should stack goods safely to avoid falling items.
- Decks and jetties must be maintained to prevent collapses.
What to Do After an Injury in a Public Place?
An injury in a public place can be shocking—and often embarrassing. Many people who slip and fall for example leave the scene quickly without reporting it. However, swift action can significantly improve your chances of a successful claim.
Here’s what our team may do on your behalf:
- Retrieve CCTV footage before it’s deleted
- Inspect the scene while conditions remain unchanged
- Lodge GIPA (Government Information Public Access) applications
- Identify and interview witnesses
At Stacks Goudkamp, early, thorough investigation is key to success. We believe claims are won not at the end—but by what is done at the beginning of a claim.
When a Public Liability Claim May Not Be Viable
Not all public place accident claims (aka public liability claims) claims are viable. Some situations make it difficult to prove negligence, and minor injuries often don’t meet the legal threshold for compensation under the Civil Liability
If your injuries are minor or short-lived, the costs and risks of litigation may outweigh the benefits.
How Long Do You Have to Make a Public Liability Claim in NSW?
You have three (3) years from the date of your accident to file court proceedings. There’s no legal requirement to give early notice of a claim—no claim forms are required.
This three-year limit also applies to cases involving children.
What Compensation Could You Be Entitled To?
If your claim is successful, you may be entitled to a lump sum that covers:
- Pain and suffering (general damages)
- Medical expenses (past and future)
- Loss of income and earning capacity
- Superannuation loss
- Domestic care and assistance
- Travel for treatment
- Home or vehicle modifications
- Holiday assistance costs
Compensation is paid as a single, tax-free lump sum—not as ongoing payments.
For cases involving children or individuals lacking mental capacity, any settlement must be approved by a judge in the District or Supreme Court.
Who Pays Public Liability Compensation?
The public liability insurer of the venue or property where the accident occurred pays your compensation—and also pays a substantial portion of your legal costs.
Will You Need to Go to Court? What to Expect
Most public liability claims in NSW settle out of court through negotiation or mediation. However, we always prepare each case thoroughly, as if it were heading to trial. This preparation ensures we’re ready—if court becomes necessary.
Throughout the process, Stacks Goudkamp keeps you informed and supported, so you can focus on recovery.
How Long Does the Process Usually Take?
On average, public liability claims take 18 months to 3 years to resolve. Factors affecting the timeline include:
- Complexity of the case
- Severity and stability of injuries
- Need for multiple expert assessments
- Court availability if litigation is required
For children—especially those with serious injuries—claims may be delayed until long-term outcomes are clear.
How Insurers Try to Deny Public Liability Claims in NSW?
Insurers rarely admit liability outright, but many cases are still resolved through fair settlements.
Common insurer tactics include:
- Alleging contributory negligence (you were partly at fault)
- Arguing no breach of duty occurred
- Presenting evidence of adequate warning signs or maintenance
- Claiming injuries occurred during dangerous recreational activities (which may bar compensation)
Even in challenging cases, our team has a strong track record of negotiating successful outcomes.
Legal Costs and Our No Win No Fee Policy
At Stacks Goudkamp, we act on a no win, no pay basis:
- No upfront legal fees
- We fund all expert reports and court expenses
- You only pay legal costs if your claim succeeds
- Most of your legal fees will be paid by the insurer
We do not use litigation lenders, so you won’t be burdened with interest-charged loans for case expenses. Everything is explained clearly during your free initial consultation.
Speak to a Public Liability lawyer at Stacks Goudkamp
If you’ve been injured in a public place and believe negligence was involved, speak to the experienced team at Stacks Goudkamp . Our public liability claim NSW experts offer personalised advice, strong legal representation, and a clear path to the compensation you deserve.
