Personal Injury Lawyers
Public Liability Compensation Claims

A public liability claim is a compensation claim you can make when you’re injured on someone else’s property due to their negligence. You may be able to claim public liability compensation if you were injured due to:

• Slips, trips, and falls in shopping centres, supermarkets, or retail premises
• Accidents on poorly maintained footpaths, car parks, or public spaces
• Injuries in private buildings like gyms, restaurants, hotels, or office buildings
• Accidents at schools, daycare centres, or educational facilities
• Dog bites and animal attacks on public or private property
• Injuries on rental properties or private residences
• Accidents on boats, ferries, or marine vessels
• Sporting and recreational facility injuries
• Worksite accidents involving contractors or visitors

To establish a valid public liability claim, you must prove that the property owner or occupier breached their duty of care through negligent acts or omissions, and that this negligence caused your injury. 

At Stacks Goudkamp, our experienced public liability lawyers carefully assess whether property owners failed to maintain safe premises or warn of hazards.

Various parties can be held liable for public liability accidents, including:

• Shopping centre owners and managers (Westfield, Stockland, etc.)
• Supermarket chains (Woolworths, Coles, Aldi, IGA)
• Local councils and government authorities for public spaces
• Private business owners (gym owners, restaurant owners, hotel operators)
• School boards and educational institutions
• Property management companies and landlords
• Event organisers and venue operators
• Construction companies and contractors
• Marine operators and boat owners
• Sporting club committees and facility managers

The key factor is identifying who had control over the property where your accident occurred and whether they failed in their duty to maintain reasonably safe premises. In some cases, multiple parties may share liability for your public liability accident.

At Stacks Goudkamp, we thoroughly investigate all potentially responsible parties to ensure your public liability claim is comprehensive and properly directed.

Proving negligence in public liability claims requires establishing:

• The property owner or occupier owed you a duty of care as a visitor
• This duty was breached through negligent acts or omissions
• The breach caused your accident and injuries
• You suffered compensable damages as a result

We gather evidence from various sources, including:

• Incident reports and witness statements from the accident scene
• CCTV footage from shopping centres, supermarkets, or public areas
• Property maintenance records and inspection logs
• Expert opinions on building standards and safety protocols
• Medical records documenting your injuries and treatment
• Photographs of the accident location and hazardous conditions
• Weather reports and environmental conditions at the time

For public liability claims based on negligent omissions (like poor maintenance), we must establish that the property owner knew or should have known of the defect and had reasonable opportunity to address it.

At Stacks Goudkamp, we work with experienced investigators and expert witnesses who can determine whether property owners met their duty of care obligations.

Public liability compensation typically covers:

• Pain and suffering and loss of enjoyment of life (non-economic loss)
• Past and future medical expenses for treating your injuries
• Past and future loss of income and earning capacity
• Loss of superannuation contributions
• Care and assistance needs during recovery
• Rehabilitation and therapy costs
• Travel expenses related to medical treatment
• Home and vehicle modifications if permanent disability resulted

Pain and suffering compensation is calculated on a scale by reference to a ‘most extreme case’ (currently around $700,000 for catastrophic injuries like quadriplegia). Your compensation is scaled down from this amount based on the severity of your injuries.

The value of your public liability claim depends on your prospects of success and the seriousness of your injury. Most public liability claims settle before reaching court, with settlements typically determined by predictions of what a judge would likely award.

At Stacks Goudkamp, our public liability lawyers work with medical experts and financial advisors to ensure all impacts of your accident are properly quantified and included in your claim.

In NSW, strict time limits apply to public liability claims. Generally, you have:

• 3 years from the date of your accident to commence proceedings
• In some circumstances, this period can be extended where you didn’t have proper diagnosis of your injury or couldn’t identify the correct defendant

However, there’s no guarantee that time will be extended, and courts apply strict criteria for extensions. Some factors that may affect the limitation period include:

• Discovery of the full extent of your injuries
• Identification of the responsible party
• Mental incapacity at the time of the accident
• Being under 18 years of age when the accident occurred

We strongly recommend contacting a public liability lawyer as soon as possible after your accident to ensure your rights are protected. Early action also helps preserve crucial evidence like CCTV footage and witness memories.

At Stacks Goudkamp, we can assess your specific situation and advise on applicable time limits for your public liability claim.

At Stacks Goudkamp, we handle public liability claims on a No Win, No Fee basis, meaning:

• You pay no legal fees unless you are successful in your claim
• Success means either winning your case in court or accepting a settlement offer
• We advance all expenses incurred during your claim
• These expenses are itemised and form part of settlement negotiations
• A large percentage of your legal costs will be recovered from the insurer/defendant if successful

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding case expenses. We cover investigation costs, expert reports, court fees, and other expenses ourselves, ensuring you don’t face financial burdens while pursuing your public liability claim.

Your legal fees and our No Win, No Fee agreement will be explained in detail at the outset of your case, so you understand the process completely before proceeding.

The vast majority of public liability claims resolve without requiring a court hearing. Currently, well over 90% of public liability cases settle before reaching court.

Public liability claims can be resolved through:

• Direct negotiations between lawyers
• Formal settlement conferences
• Mediation with independent mediators
• Pre-trial settlement discussions

Court hearings are only required in rare instances where:

• You’re not satisfied with the defendant’s settlement offer
• Liability is strongly disputed by the property owner
• There are complex legal or factual issues requiring judicial determination
• You believe you can achieve a better result through court proceedings

At Stacks Goudkamp, our experienced public liability lawyers work diligently to achieve fair settlements without the stress and uncertainty of court proceedings, while always being prepared to represent you in court if necessary.

If you’re injured in a public liability accident, taking these steps can protect your health and potential claim:

1. Seek immediate medical attention for your injuries
2. Report the accident to the property owner, manager, or relevant authority
3. Take photographs of the accident scene, hazard, and your injuries
4. Collect contact details from any witnesses
5. Keep all medical records and receipts related to your treatment
6. Document how your injuries affect your daily activities and work
7. Don’t admit fault or sign any documents without legal advice
8. Contact Stacks Goudkamp for expert legal advice as soon as possible

Early documentation is crucial in public liability cases because:

• CCTV footage may be deleted after 30-90 days
• Witness memories fade over time
• Hazardous conditions may be repaired quickly
• Incident reports provide important contemporaneous evidence

At Stacks Goudkamp, we provide free, no-obligation assessments of public liability accidents and can advise on immediate steps to protect your legal rights.

You may still be entitled to public liability compensation even if you were partially at fault for your accident. NSW law recognises contributory negligence, which means:

• Your compensation may be reduced based on your percentage of fault
• You can still recover damages even if you contributed to the accident
• The court or settlement will apportion fault between parties

Examples where contributory negligence might apply:

• Not watching where you were walking in a shopping centre
• Ignoring warning signs or barriers
• Being under the influence of alcohol or drugs
• Wearing inappropriate footwear for the conditions
• Engaging in risky behaviour despite obvious hazards

However, property owners still have a duty to maintain reasonably safe premises and warn of non-obvious hazards. Even if you contributed to your accident, the property owner may still be primarily liable if they failed in their duty of care.

At Stacks Goudkamp, we assess each case individually and can advise how any contributory factors might affect your public liability claim.

Public liability claims typically take between 12 and 24 months to resolve, though timeframes can vary based on:

• The complexity of establishing liability and negligence
• Whether fault is disputed by the property owner or insurer
• The severity of your injuries and long-term prognosis
• The time needed for medical assessments and expert reports
• The willingness of parties to negotiate settlement
• Court schedules if litigation becomes necessary

Simple public liability claims with clear liability may resolve in 6-12 months, while complex cases involving serious injuries or disputed liability may take 18-24 months or longer.

Factors that can expedite resolution:

• Clear evidence of negligence (CCTV footage, incident reports)
• Cooperation from witnesses and property owners
• Prompt medical treatment and documentation
• Early legal representation

At Stacks Goudkamp, we work efficiently to progress your public liability claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on progress and expected timeframes throughout the process.