Public Liability Lawyers.

A public liability claim is a legal process that allows you to seek compensation if you are injured because another person, business, or authority failed to take reasonable care to prevent foreseeable harm. These claims apply to both public and private property, and compensation is usually paid by the responsible party’s public liability insurer, not the individual personally.

Common examples include:

• Slip and fall accidents – wet floors, uneven tiles, broken stairs, poor lighting, or unsafe surfaces.
• Trip and fall accidents – raised edges, potholes, loose cables, or hazards left in walkways.
• Accidents in public places – shopping centres, supermarkets, restaurants, retail stores, footpaths, parks, and playgrounds.
• Private property incidents – unsafe rental homes, Airbnbs, or private residences (e.g. loose decking, faulty balconies, unsafe swimming pools).
• Construction and worksite accidents (non-workers) – injuries to subcontractors, visitors, or members of the public caused by a principal contractor’s negligence.
• Animal-related accidents – dog bites or other injuries where the owner failed to control their animal.
• Boating accidents – injuries caused by unsafe vessels, poor safety procedures, or negligent operators.
• Aviation-related accidents – accidents during boarding, in-flight, or in airports where negligence was involved.
• Negligent supervision or security – injuries at events, concerts, childcare centres, or sporting facilities.

Compensation available in public liability claims may include:

• Medical Expenses: Costs of treatment, rehabilitation, and ongoing care.
• Lost Wages: Income lost due to your injury and recovery time.
• Pain and Suffering: Damages for pain, emotional distress and reduced quality of life.‍
• Care and Assistance: Costs for paid and unpaid assistance with domestic chores, maintenance tasks, personal care, driving and similar.

To succeed in a public liability claim, you must demonstrate:

1. Duty of Care: The property owner, occupier,operator or negligent third party owed you a responsibility to take reasonable measures to reduce the risk of injury to you. 
2. Breach of Duty: They failed to take reasonable steps to do so. ‍
3. Injury Resulting from Negligence: Your injury was directly caused by their failure.

In Queensland, you generally have 3 years from the date of injury to formally commence a claim (ie. issue court proceedings). The earlier you take steps to serve claim forms and progress your claim, the better. Acting promptly ensures evidence is preserved and deadlines are met.

1. Seek medical attention – have your injuries treated and properly documented.
2. Report the incident – notify the property owner, occupier, or manager in writing.
3. Gather evidence – take photos, keep receipts, and collect witness details.
4. Get legal advice – contact Gain Lawyers to assess your case and provide you with advice/representation.
5. Serve your claim - serve PIPA claim forms on the entities you hold responsible for causing your injuries.

Yes. Public liability law applies to both public and private property. If you are injured because of unsafe conditions at a private residence, rental home, or Airbnb, you may be entitled to compensation. Examples include accidents caused by broken stairs, loose flooring, faulty handrails, slippery surfaces, or unsafe swimming pools.

The occupier or property owner has a duty of care to take reasonable steps to keep visitors safe. If they fail to do so and you are injured, their public liability insurance usually covers your claim.

Many people worry about making a claim if their accident happened at a friend’s house, a relative’s property, or even a rental home. The good news is that a public liability claim is not about suing them personally.

In almost all cases, the claim is covered by their public liability insurance, which is usually included in their home and contents or landlord policy. That means:

• Your friend or family member won’t be left with the bill.
• The insurer, not the individual, pays your compensation.
• You can focus on recovery without feeling guilty about causing financial harm to someone you know.

Making a claim is simply about accessing the insurance that exists to protect you in these situations.

Most public liability claims are settled through negotiation with the insurer without court involvement. However, if a fair settlement isn’t reached, court proceedings may be necessary. Our lawyers are experienced in both negotiation and litigation to ensure the best outcome.

Even if you contributed to your accident (for example, not paying attention or ignoring warning signs), you may still be entitled to compensation under Queensland’s contributory negligence laws. Your payout will be reduced in proportion to your share of fault.

Public liability claims can be challenging to prove, with businesses, councils, and insurers often pushing back. At Gain Lawyers, we know how to hold them accountable and maximise your compensation.

With Gain, you can expect:

• Accredited Specialist Lawyers – your case is run by a QLD Law Society Accredited Specialist in Personal Injury Law.
• No upfront costs – you pay nothing to get your claim started.
• No hidden fees – no surprise charges, no “uplift” fees if we win.
• Low fee promise – our fees are 20–40% lower than many large personal injury firms.
• Direct access to your lawyer – regular updates, plain-English advice, and clear communication.

If we don't win, you won't pay a cent.