+61 7 3001 2999

+61 7 3001 2999

Public Liability

Public liability claims are typically injuries suffered on public or
private property including assualts, slips, trips, falls or even
drownings caused by the negligence of others.

These injuries can occur, for example, in shopping centres, sporting and other public venues, home unit complexes, on footpaths and at private houses.  A claim for damages may include compensation for pain, suffering and impairment, loss of income, medical expenses, out of pocket expenses and domestic assistance provided by your friends and family.

Below for your general information are answers to some of the more commonly asked questions.

Qld law restricts us from presenting certain information about personal injury compensation law. However, we are able to provide you with more details if you are making a genuine enquiry or are an existing client of Bennett & Philp.

If you want to investigate your rights regarding a public liability claim click the "Need to Know More" box to the right or you can contact us for personalised obligation-free advice regarding your particular circumstances using one of the to following methods that is most convenient to you:

Call Us today Call us on (07) 3001 2999 or use our Toll Free number on the right
Use our Live Chat Talk to our Live Chat operator using the Chat box below
Make an On-line Enquiry Complete the on-line enquiry form to the right
Email us now Contact or email any one of our specialist personal injury lawyers below.

Bennett & Philp Lawyers act in personal injuries claims for public liability on a no-win, no fee basis.

Commonly Asked Questions:
What if I am a subcontractor who was injured at work?

If you have been injured as a result of the negligence of the head contractor, another subcontractor or their employees, on a building site or other workplace, you will have a claim for damages which will be covered by their public liability insurance.

It is important that you seek early legal advice as time limits apply to the completion of claim documentation. 

To protect your interests, we need to launch an early investigation into the circumstances of your injury.

You may be entitled to claim for:

  • general damages (pain and suffering);
  • out of pocket expenses (medical, pharmaceutical, hospital, rehabilitation and travel expenses which you have paid for yourself);
  • past and future loss of income and superannuation entitlements;
  • future medical, pharmaceutical, hospital, rehabilitation and travel expenses which you could reasonably expect to incur (this may be determined in light of expert medical opinion, for example by an orthopaedic surgeon); and
  • costs of providing past and future care (this may also be determined in light of expert medical opinion, for example by an occupational therapist).

Your damages are generally tax free.

Contact us for obligation-free advice about your injury claim today.

What if I have been injured on commercial premises?

If you were injured on premises which are owned or maintained by someone else, for example a shop, restaurant or other business, you may be entitled to claim for compensation against the owner or occupier of the premises.

It is important that you:

  • take a photograph of the hazard which caused you to sustain your injuries (or otherwise identify the hazard);
  • notify the manager of the commercial premises and complete an Incident Report, and
  • make an appointment to see your doctor as soon as possible after the incident so that your injuries can be documented and treated.

If you have been injured on commercial premises, contact us for legal advice specific to your circumstances.

What if I have been injured in a rental property?

Whether renting or visiting you may be entitled to claim compensation from:

  • the landlord - if you were injured by a defect at the rented premises which the landlord knew, or ought to have known, about;
  • the Body Corporate - if you are injured on public property which had a hazard or defect which caused your injury, or
  • a contractor working at the premises - if he or she has completed work which was defective or dangerous and caused your injury.

These parties generally have public liability insurance which will insure them for your claim.

Contact us for obligation-free advice relating to injuries you've sustained on a rental property.

What if I have been injured in a shopping centre?

People are often injured in a shopping centre as a result of a slip and fall incident. These accidents are often caused by a liquid or some other obstruction or product on the floor.

You should report the injury to the store manager, or centre management, so that there is a proper record of the incident.

It is important to consult us as soon as possible after an accident so that:

  • the circumstances of your injury can be investigated;
  • witness statements can be taken, and
  • steps can be taken by us to ensure the CCTV footage (if any) is preserved as evidence.

Contact us for obligation-free advice in relation to your shopping centre injury claim today.

What if I have been injured on a footpath?

If you have slipped or tripped on a public footpath, you may have a claim against a council or nearby property owner.

These claims involve legal technicalities and require early legal advice.

To be successful in claims against local councils, it needs to be shown that the council was aware of the hazard which caused your injury or that it was caused by faulty workmanship in the construction of the footpath.

It is important to take photographs of the hazard that caused your injury as soon as possible after the accident.

Contact us today to discuss your particular circumstances.

What if I have been assaulted by an individual?

If you have been assaulted, you can sue for compensation or possibly claim for government-paid criminal compensation under the Victims Assist Scheme.

Under the Victims Assist Scheme, you may be entitled to:

  • up to $10,000 for compensation for your pain and suffering and permanent impairment;
  • up to $20,000 for loss of wages, and
  • payment of medical and rehabilitation treatment.

If you have been assaulted, contact us to today to discuss your circumstances.

What if I have been assaulted by a hotel bouncer?

Hotel "bouncers" and security staff often cause serious injuries to patrons of hotels and licensed premises.

If a dispute arises with a bouncer, he/she should only use reasonable force to settle a dispute or to escort a patron from licensed premises.

If you have been assaulted by a bouncer, you should consult with us as soon as possible to enable us to:

  • take witness statements;
  • investigate the circumstances of the assault, and
  • preserve CCTV footage of the incident (if any).

If you have been assaulted, contact us to today to discuss your circumstances.

What if I have been assaulted or falsely imprisoned by Queensland Police?

Queensland Police have an obligation to only use reasonable force when effecting an arrest.

If police officers use excessive force and cause serious injury, this can result in a claim for significant compensation.

If you have been wrongfully and unreasonably arrested and held against your will by Queensland Police, you should be entitled to compensation for your loss of liberty.

Contact us today to discuss your particular circumstances.