Public Liability Claim Process in Queensland

Public liability claims are common across Queensland and apply to a wide range of scenarios involving injury and negligence. To be eligible for a public liability claim, the injury must result from another party’s negligence, in a setting that doesn’t involve a motor vehicle or occur in the workplace. 

In this article, our public liability claim lawyers on the Gold Coast have provided general information about public liability claims in Queensland and the factors that may influence such matters. We also cover where scenarios may benefit from legal advice or support from our Personal Injury Lawyers in Queensland. 

This article only informs claimants about general information relating to public liability claims in Queensland currently (2026). It is not legal advice and should not be relied on as a substitute for advice from a qualified legal practitioner about your specific circumstances.

 

What is a Public Liability Claim?

A public liability claim covers injuries or accidents that occur on privately owned or publicly accessible property in Queensland.

These claims can only be made if the accident doesn’t involve a motor vehicle or occur in the workplace, as separate compensation schemes (such as CTP insurance and workers’ compensation) cover those circumstances. 

To succeed, a claim requires proof of negligence or fault on the part of whoever was responsible for the property or the hazard. Under Queensland’s Civil Liability Act 2003, without evidence of negligence, a public liability claim is unlikely to be approved.

Public liability claims are common in Queensland and can arise from a range of negligent acts.

The most frequent cases involve falls caused by slippery, wet floors in common areas or from faulty equipment used by businesses. Other examples include:

• Faulty equipment in playgrounds or amusement parks
• Unsafe balconies (collapse or structural damage)
• Boating accidents
• Collapsing or faulty ski-lifts and chairs
• Missing or inadequate handrails
• Items falling from overhead compartments on aeroplanes
• Inadequate signage (e.g. missing wet floor signs)

 

Fault or negligence is typically attributed to whoever operates or is responsible for the public or privately owned space, such as:

• Business owners (cafes, restaurants, airlines, amusement parks)
• Builders (failure to carry out proper inspections or follow safety procedures)
• Local councils (failure to inspect or maintain equipment)
• Pet owners

 

Injuries sustained on aeroplanes are among the few circumstances in Queensland where proof of statutory negligence under the Personal Injuries Proceedings Act 2002 (Qld) is not required. 

Aeroplane incidents are governed by the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), which applies strict liability to carriers. That said, these are exceptions.

In most cases, a public liability claim in Queensland requires evidence that another party’s negligence caused the injury, and that the incident didn’t occur in the workplace or involve a motor vehicle.

 

Case Study: When is Slipping on a Chip Worth $580,000?

The case of Strong vs Woolworths: In 2012, the High Court of Australia handed down a decision that continues to shape how public liability claims are assessed nationally, including in Queensland.

The case involved a woman on crutches who slipped on a hot chip outside a Big W store during a sidewalk sale, resulting in serious injury.

Detail	Summary
Case name	Strong v Woolworths Ltd [2012] HCA 5
Court	High Court of Australia (following NSW District Court and NSW Court of Appeal)
Injury	Fall caused by slipping on a hot chip while using crutches
Key issue	Whether Woolworths’ lack of an adequate inspection system caused the fall
Outcome	$580,000 awarded to the plaintiff
Significance	Clarified how courts assess causation when there’s no direct evidence of how long a hazard was present

 

What happened?

Woolworths was initially found negligent and ordered to pay $580,000 after a woman slipped on a hot chip, sustaining significant spinal injuries because she was an amputee. The NSW Court of Appeal overturned this, reasoning the chip had likely only been on the ground for around 20 minutes, too short for any inspection to catch it. The High Court disagreed, finding it was wrong to assume the shortest possible timeframe without evidence. The original award was restored.

 

Why does it matter?

The case confirmed that courts must weigh the realistic range of possibilities, not just the outcome most favourable to the business, when there’s no clear evidence of how long a hazard existed. As a High Court decision, it applies nationally, including in Queensland.

See the full case here for further information.

 

Who Can be Liable and When?

In Queensland, most public liability claims start with a simple question: did the person or business in control of the premises owe you a duty to keep you reasonably safe?

The good news is that in most situations, this isn’t really in dispute. Queensland courts have long recognised that occupiers of premises (shops, shopping centres, pubs, schools, sporting venues, apartment complexes, parks, and car parks etc.) owe a duty of reasonable care to people lawfully on their property. This applies whether you’re a customer, a visitor, a student, or a patient.

Historically, the level of care owed depended on why you were on the property; whether you were formally invited, merely permitted to be there, or trespassing. That distinction was abolished decades ago. Today, the question is simply whether the occupier took reasonable steps to prevent foreseeable harm. This covers things like the condition of floors and stairs, spills, lighting, maintenance, warnings, and, in some cases, security.

 

Where Claims Usually Get Contested

Even when a duty clearly exists, that doesn’t mean a claim automatically succeeds. Most disputes come down to:

• Whether the danger was actually foreseeable
• Whether the occupier failed to take reasonable precautions
• Whether the risk was “obvious” (which can limit or defeat a claim)
• Whether the injured person shared some responsibility (contributory negligence)

One area that often surprises people: if you’re injured because of another person’s actions (e.g. an assault by a third party, or an intoxicated patron) the venue isn’t automatically responsible just because it happened on their premises. Courts look closely at whether the occupier could reasonably have prevented that specific harm.

 

Public Liability Claims Process in Queensland

Public liability accident claims are generally filed against the owner or operator of the property where the accident occurred. Public liability claims involve specific legal processes and documentation that should be recognised and addressed early.

 

Step One: Seek Medical Treatment

Medical treatment is important following any injury, as is accessing any necessary care for recovery. This might mean immediate emergency intervention, or booking an appointment with a relevant provider, such as a physiotherapist or chiropractor.

Seeking medical treatment means you are properly looked after and on the road to recovery. Records of treatment, whether hospital admissions or physiotherapy appointments, may also be used as supporting documentation. Evidence is often required in legal scenarios to establish factual information.

 

Step Two: Report the Incident

Incident reports are typically created following accidents and may serve as documentation of events. Generally, they are communicated with the at-fault business owner or coordinator. Photography and video footage, such as CCTV, may also be relevant in documenting accident scenes.

 

Step Three: Gather Evidence

Gathering evidence is an important aspect of most legal matters as they act as proof of factual information. It can be easy to overlook the smaller details that may be crucial to legal proceedings.

 

What Evidence do you Need for a Public Liability Claim?

Documentation in legal matters may include various types of evidence depending on the circumstances:

• CCTV or other footage (most businesses only keep this footage for a week or two, so it should be requested as a matter of urgency)
• Incident reports
• Witness details (including any photographs or video they may have taken)
• Maintenance and safety records (from the responsible party/s)
• Medical certificates and notes (hospital admissions, appointments, etc.)
• Specialist reports (from chiropractors, physiotherapists, etc.)
• Financial loss records (such as time away from work)

 

Step Four: Lodge Your Claim

A formal Notice of Claim under the Personal Injuries Proceedings Act 2002 (Qld) details how negligence occurs and the losses suffered.

Part 1 of the notice must be served on the person, business or council responsible for an accident. These notices can be found via the Queensland government website, via their personal injury forms.

 

How Long Do You Have to Make a Public Liability Claim in Queensland?

In Queensland, personal injury claim time limits relate to the time frame for serving Part 1 of the Notice of Claim on the at-fault party. Section 9 of the Personal Injuries Proceedings Act 2002 (Qld) requires Notices of Claim to be submitted within 9 months from the incident, or 1 month after instructing a lawyer to act on their behalf, whichever comes first. 

If a person lodges outside the 9 month period (1 month if they’ve instructed a lawyer) but before 3 years from the date of injury, pursuant to s 9 (5) of the Personal Injuries Proceedings Act 2002 (Qld), then they’ll need a reasonable excuse for delay. 

Outside of 3 years after the material incident, a person loses their right to make a claim and must generally seek an extension from the court under s 11 of the Limitations of Actions Act 1974 (Qld). This requires showing that a material fact of a decisive character was outside of the person’s means of knowledge until at least the last year of the limitation period.

This is a technical area of law, and any person outside of their 3 year time period should seek legal advice immediately.

 

Step Five: Claim Assessment & Evidence Gathering

After receiving Part 1 of the notice, the at-fault party will usually pass the claim details to their insurer who investigates the details whilst the claimant prepares and serves Part 2 of the Notice of Claim. Both parties gather the relevant medical (including any relevant medico-legal reports), financial, lay and liability evidence by making statutory requests for information.

 

Step Six: Settlement or Court Proceedings

Once all the necessary evidence has been obtained, the parties can attempt to resolve the matter. If a matter can’t be resolved through negotiation, the parties must proceed to a Compulsory Conference before litigating in court.

Court proceedings involve many legal complexities and varying outcomes, so it’s important to be aware that all litigation carries risk, and wherever possible, matters should be settled before reaching court.

Most personal injury cases resolve at, or prior to, a Compulsory Conference because it’s often the most economical time to resolve the matter. This is prior to litigation or court proceedings, which are ultimately more costly and complicated than negotiation or mediation.

If a public liability claim can’t be settled during the pre-court phase, proceedings may be commenced in court. Public liability trials are overseen by a single judge and take place in either the District Court or Supreme Court of Queensland, depending on the value of the claim. Claims up to $750,000 are generally heard in the District Court, while higher-value claims fall under the Supreme Court’s jurisdiction. However, many lawsuits will still require a formal mediation conference before trial, giving both parties a final opportunity to settle the matter.

Matters that proceed to trial typically last 2 to 5 days before the judge delivers a final judgment. This decision is binding on both the injured person and the at-fault party. The judge will determine whether the defendant is legally liable and, if so, calculate the exact dollar amount of the payout.

 

How Long Does a Public Liability Claim Take?

Public liability claims vary depending on the personal factors and circumstances. Various timeframes and procedural requirements affect public liability matters:

Category	Detail
Typical resolution time	8 to 24 months
Simple cases	As little as 6 months
Complex cases	Can exceed 3 years
Notice of Claim deadline	9 months from the accident, or 1 month after first instructing a lawyer to act on your behalf
Statute of limitations	3 years to file court proceedings if the claim doesn’t settle
Injury healing time	Settlement negotiations only occur after medical conditions have stabilised and long-term prognosis, including all injury-related limitations and restrictions, is established
Disputed fault	If liability is contested, investigation and evidence-gathering extend the timeline
Compulsory conferences	Queensland requires a formal settlement conference before matters can proceed to trial

 

Common Mistakes to Avoid: Public Liability Claim Guide

As with most legal matters, there are procedural and evidentiary factors that can affect how a public liability claim proceeds.

Evidence-Related Factors

• The evidence gathered, including photographs and documentation, can influence how a claim is assessed
• The timing of medical treatment can be relevant to establishing when and how an injury occurred
• Disclosure of relevant medical history, including prior injuries, is generally required as part of the claims process

Procedural and Legal Factors

• Claims are subject to statutory time limits under the Personal Injuries Proceedings Act 2002, including the notice and limitation periods outlined earlier in this article
• Settlement negotiations can occur at various stages, and outcomes may depend on the extent of injury costs and losses established at the time
• The Notice of Claim must be served on the correct insurer, with accurate and complete documentation, in accordance with legislative requirements

 

What is the Cost of a Personal Injury Lawyer?

If you’re wondering how much a personal injury lawyer costs in Queensland, most personal injury lawyers, including Claimwise, operate on a ‘no win, no fee’ basis for legal fees. This generally means you won’t be charged a professional fee if your claim isn’t successful. However, you may still be liable for certain disbursements or third-party costs regardless of outcome, so it’s worth clarifying this upfront with your lawyer.

Claimwise’s lawyers can walk you through exactly how our public liability claim fees work, including what costs may still apply if your claim doesn’t succeed. Approaching a claim with a clear understanding of legal costs, and comparing fee structures before committing to a lawyer, could save you up to 50% on your legal fees.

*This provides general information about how personal injury fees work in Queensland. It is not legal advice and should not be relied on as a substitute for advice from a qualified legal practitioner about your specific circumstances.

 

Established Duty of Care Categories in Public Liability Claims (Queensland)

 

In Queensland, the existence of a duty of care in public liability claims is governed by the ordinary common law principles (modified in some respects by the Civil Liability Act 2003 (Qld)).

The High Court has recognised a number of established duties where courts generally do not need to undertake a novel duty analysis.

The main recognised duties relevant to public liability and occupiers’ liability include:

Relationship	Nature of Duty	Leading Authorities
Occupier → entrant (lawful visitor)	Take reasonable care to avoid foreseeable risk of injury arising from the state of the premises and activities conducted there.	Australian Safeway Stores Pty Ltd v Zaluzna; Strong v Woolworths Ltd
Occupier → customer	Same general duty as above; reasonable care for customers using premises for their intended purpose.	Australian Safeway Stores Pty Ltd v Zaluzna
Occupier → contractor	Reasonable care regarding dangers on the premises, subject to obvious risks and the contractor’s expertise.	Leighton Contractors Pty Ltd v Fox
Occupier → child entrant	Greater precautions may be required because children are less able to appreciate danger.	Australian Safeway Stores Pty Ltd v Zaluzna; Romeo v Conservation Commission
Local authority → road users/pedestrians	May owe duties regarding hazards it creates or controls, subject to statutory immunities.	Brodie v Singleton Shire Council
School authority → students	Take reasonable care to protect students from foreseeable injury.	Geyer v Downs
Employer → employee	Non-delegable duty to provide a safe system of work (often workers’ compensation rather than public liability).	Kondis v State Transport Authority
Hospital → patient	Reasonable care in treatment and safety while under care.	Albrighton v Royal Prince Alfred Hospital

 

Occupiers’ liability after Zaluzna

The old categories of invitee, licensee and trespasser were abolished in Australia by Australian Safeway Stores Pty Ltd v Zaluzna. The question is simply whether the occupier exercised reasonable care in all the circumstances.

The occupier must take reasonable care regarding:

• the physical condition of the premises;

• hazards created by activities occurring on the premises;

• maintenance and inspections;

• warnings where appropriate;

• cleaning systems;

• security (where criminal conduct is reasonably foreseeable);

• lighting, stairs, flooring, spillages and similar hazards.

 

Common recognised occupiers’ liability scenarios

These are the most common duty categories encountered in Queensland PI practice:

• supermarket slip and falls

• shopping centre hazards

• hotel, pub and nightclub accidents

• sporting venues

• apartment common areas

• parks and playgrounds

• footpaths and car parks controlled by occupiers

• schools and childcare centres

• construction sites (visitors)

• swimming pools

• amusement attractions

• restaurants and cafés

 

Where duty is often disputed

Even where an occupier’s duty is recognised, litigation commonly centres on:

• whether the risk was foreseeable;

• whether the occupier breached the standard of care (ss 9–11 of the Civil Liability Act);

• whether the risk was obvious;

• whether the plaintiff was contributorily negligent;

• factual causation.

Sometimes duty itself is disputed, particularly where the alleged injury arises from third-party conduct rather than the condition of the premises. Examples include:

• criminal assaults;

• intoxicated patrons;

• recreational activities;

• injuries caused by independent contractors;

• pure omissions to rescue;

• psychiatric injury to non-entrants.

Cases such as Cole v South Tweed Heads Rugby League Football Club Ltd, Modbury Triangle Shopping Centre Pty Ltd v Anzil and Adeels Palace Pty Ltd v Moubarak illustrate that an occupier is not automatically liable for injuries caused by third parties simply because they occurred on the premises.

 

Practical Queensland approach

For Queensland public liability claims, the analysis follows this sequence:

• Is there a recognised duty of care? (Usually yes in occupiers’ liability.)

• Identify the relevant risk of harm.

• Apply ss 9–11 of the Civil Liability Act 2003 (Qld) to determine breach.

• Consider causation under s 11.

• Assess any statutory defences (obvious risk, dangerous recreational activity, etc.).

• Consider contributory negligence.

For routine slip-and-fall, trip, or premises defect cases, duty is rarely contentious after Strong v Woolworths; the real issues are almost always breach, causation, and any applicable statutory defences.