What is a "Public Place" in Public Liability Claims?

The term "public place" has a broad definition within the context of public liability claims in Queensland. A public place isn't just a government-owned space; it encompasses any place where the public or sections of the public have access, whether they pay for it or not. 

Let's break down some of the most common types of public places and typical accidents that might lead to claims:

1. Shopping Centers and Retail Stores

• Typical Accidents: Slip and falls due to wet floors or spills, trip hazards from merchandise or displays, injuries from falling objects.
• Injuries: Strains and sprains, fractures, head injuries, cuts and lacerations.

2. Footpaths and Streets

• Typical Accidents: Trips and falls due to uneven surfaces, potholes, cracks, or debris. Injuries caused by collisions with cyclists or vehicles.
• Injuries: Fractures, sprains, head injuries, road rash, and more severe injuries from vehicle accidents.

3. Parks, Playgrounds, and Sporting Facilities

• Typical Accidents: Trips and falls on uneven surfaces or damaged equipment, including faulty playground structures.Sports injuries during organized events or recreational  use.
• Injuries: Fractures, sprains, lacerations, head injuries, spinal injuries.

4. Public Transport (Buses, Trains, Ferries)

• Typical Accidents: Slip and falls on wet floors, injuries from sudden stops or unexpected movements, collisions with other passengers.
• Injuries: Broken bones, sprains, lacerations, whiplash, back injuries.

5. Schools

• Typical Accidents: Injuries caused by assaults and/or bullying from other students, slips and falls, accidents caused by unsafe school equipment or premises.
• Injuries: Physical injuries such as fractures and sprains, emotional and psychological trauma.

6. Workplaces (in particular, if you're a visitor or customer)

• Typical Accidents: Slip and falls, unsafe machinery, falling objects, and workplace hazards specific to the industry.
• Injuries: A wide range of injuries depending on the nature of the workplace and the accident.

7. Other Public Places

The public place definition can also stretch to places like:

• Amusement Parks and Theme Parks: Faulty rides, inadequate safety measures on attractions.
• Hotels, Motels, and Resorts: Slips and falls in pools or wet areas, and food poisoning.
• Gyms and Fitness Centers: Injuries from faulty equipment or inadequate supervision.
• Cinemas, Theaters, and Concert Halls: Slips and falls in darkened walkways and crowd-related incidents.

Important Considerations

• Ownership is Not Always Relevant: Both government-owned and privately-owned areas can be considered public places for potential liability claims.
• Reasonable Foreseeability: The key is whether the property owner or occupier should have reasonably foreseen the risk of someone getting hurt and taken steps to prevent it.

Seeking Legal Advice

If you've been injured in a public place, it's crucial to seek legal advice from expert public liability lawyers. They can assess whether the place where your accident happened falls within the definition of a public place and help you determine if you have a strong case for compensation.

Contact us for a free initial consultation on 1800 960 482. We service all of Queensland and have offices in Brisbane, Gold Coast, Sunshine Coast, Cairns, and Toowoomba. Our No Win, No Fee, No Catch® promise means you won't incur any upfront legal fees.