Yes. If a hotel or resort in Queensland failed to take reasonable care, and that failure led to your injury, you can claim compensation against its public liability insurance.
Queensland has no separate occupiers' liability Act, so injuries suffered at hotels or resorts are ordinary negligence claims run under the Personal Injuries Proceedings Act 2002 (Qld).
Your first deadline for lodging a claim can fall due 9 months after the incident, not 3 years.
How a hotel's duty of care works in Queensland
There is no occupiers' liability statute in Queensland.
The duty of care comes from the ordinary law of negligence, and the rules for deciding whether it was breached are set out by the Civil Liability Act 2003 (Qld).
Section 7(1) of that Act says it "does not create or confer any cause of civil action for the recovery of damages," and s 7(5) says that the Act "is not a codification of the law relating to civil claims for damages for harm."
The business that controls the premises is considered to be the occupier, which is not always the same as who owns the building. You are owed a duty of care because you were on the property and the operator is in control of it, not because you paid for a room, which means a restaurant diner, someone waiting in the lobby and a delivery driver are all owed the same duty.
What the hotel has to get wrong
Hotels aren't considered to have breached their duty unless three things are all true at once: the risk was foreseeable, meaning the operator knew or ought reasonably to have known about it; the risk was not insignificant; and a reasonable person in the operator's position would have taken the necessary precautions.
The Civil Liability Act sets out what the court considers for that third question, which is how likely the harm was, how serious it was likely to be, how burdensome the precaution would have been and the social utility of the activity that created the risk.
That, for example, makes the cleaning schedule matter more than a photo of the puddle that caused a slip which led to an injury. A spill that sat in a busy lobby for 40 minutes and one that happened 30 seconds earlier result in very different answers to the same statutory question.
The failure has to have caused the injury
Section 11 of the Act splits causation into two parts: whether the breach was a necessary condition of the harm, and whether it is appropriate to hold the operator responsible for it.
Under s 12, the onus of proving any fact relevant to causation is on you, while under s 10(c), the hotel fixing the problem which resulted in your injury the day after it happened is not an admission of liability in and of itself.
The three defences a hotel's insurer can run
The Civil Liability Act 2003 (Qld) provides a hotel three defences, and they are what these claims are argued on.
Knowing which one you are facing, and what answers it, is the difference between a successful claim and one that doesn’t get off the ground.
Obvious risk is actually harder to beat than it sounds.
Under ss 13(3) and 13(4), a risk can be considered obvious even though it was unlikely to happen, and despite the fact it was not prominent, conspicuous or physically observable.
Under s 14, if the hotel raises voluntary assumption of risk and the risk was indeed obvious, you are presumed to have been aware of it and so will have to prove you were not. Section 15 then removes the duty to warn about an obvious risk, subject to the three exceptions in s 15(2).
The two that often matter in a hotel setting are that you asked the hotel for advice or information about that risk, or that a written law required the warning.
The recreational activity defence is the harshest of the three because it applies regardless of if you were aware of the risk. Whether an activity crosses the s 18 threshold, and whether the risk was an obvious risk of it, are decided based on the individual facts of each case.
Alcohol, contributory negligence and the 25% presumption
If you had been drinking at the time your injury occurred, it’s highly likely the insurer will raise contributory negligence and for it to start at 25%.
Under the Civil Liability Act 2003 (Qld) s 47, contributory negligence is presumed in cases where the injured person was intoxicated at the time of the breach. This doesn’t end a claim, but it does reduce what is recoverable.
The Act defines intoxicated as being under the influence of alcohol or a drug to the extent that your capacity to exercise proper care and skill is impaired (schedule 2). You can dispute the presumption by proving the intoxication did not contribute to the breach or that it was not self-induced. If you are unable to do so, there will be a reduction of at least 25%.
There’s another provision which is important for injuries which occur at a resort. Section 46 says nobody is owed a duty of care just because they are intoxicated, and that intoxication does not change the standard of care owed by itself.
Section 46(2) then carves out liability which arises from conduct happening on licensed premises, so if the bar or restaurant where you were hurt is licensed under the Liquor Act 1992 (Qld), that carve-out applies. Section 46(3) points to s 4 of that Act, which defines licensed premises as the premises to which a licence relates, so what’s important is whether the particular area was covered, not whether the resort holds a licence somewhere on site.
Contributory negligence is apportioned under Law Reform Act 1995 (Qld) s 10, which states the claim is not defeated and damages are reduced to the extent the court considers just and equitable. Section 24 of the Civil Liability Act 2003 (Qld) allows a court to go as far as a 100% reduction, which does defeat it.
This article on claiming when you were partly at fault covers how these reductions work.
You shouldn’t leave the involvement of alcohol out of the paperwork. The notice of claim form requires details of the injured person's consumption of alcohol or drugs, including medication, in the 12 hours before the incident (Personal Injuries Proceedings Regulation 2025 (Qld) schedule 1, part 1, section 1(f)).
The deadline that catches people out is 9 months, not 3 years
The Personal Injuries Proceedings Act 2002 (Qld) requires you to give the hotel written notice of the claim via the approved form before beginning court proceedings.
Part 1 is due within 9 months of the incident or 1 month after you first instruct a law practice, whichever is earlier of the two.
- Give part 1 of the notice of claim. This must be done by the earlier of 9 months after the incident (or after symptoms first appear if they were not immediately obvious), and 1 month after you first instruct a law practice and the respondent has been identified (s 9(3)). Use Form 1, Notice of claim (non-healthcare claims) for this. Version 7 took effect on 1 September 2025, and the Queensland Government Publications Portal states the earlier forms are no longer valid.
- The hotel must respond within 1 month. Under s 10(1), they need to say whether they are a proper respondent, ask for the information they reasonably require, or explain why they aren’t and help you identify who is.
- Give part 2 of the notice. This is due within 2 months of the respondent complying with s 10(1), or is conclusively presumed satisfied under s 13: s 9(3A).
- The hotel or its insurer answers on liability within 6 months. Section 20(1) requires the hotel or its insurer to investigate the incident; state in writing whether they admit or deny liability; state the percentage of any contributory negligence it alleges; and make or respond to a settlement offer. The 6 months runs from the complying part 1 notice.
- Documents are exchanged. Section 27 obligates the hotel to give you all its relevant material. Section 22 obliges you to give it yours.
- A compulsory conference is held. Section 36(1) requires a compulsory conference to be held before a proceeding can start. Parties can agree a time, or any party can call one once the relevant day under s 36(3) has passed, which is at least 6 months after the complying part 1 notice.
- If there is no settlement, a proceeding begins. Section 42(1) says this should happen within 60 days of the conference concluding.
If you are late. Under s 9(5), the obligation to give the notice continues if you are late, and you must have a reasonable excuse for the delay. Under s 18(1), failing to give a complying part 1 notice means you won’t be able to proceed further with the claim unless the respondent waives it or is satisfied you have remedied it, or the court gives you permission to continue.
How the two deadlines interact. The court deadline is 3 years from the date the cause of action arose. Under s 59 of the Personal Injuries Proceedings Act 2002 (Qld), a complying part 1 notice given within those 3 years lets you begin a proceeding afterwards, but only within 6 months of giving that notice (unless the court allows longer).
For children and people under a legal disability, the 3 years runs from the date the disability ends. There are strict time limits on public liability claims which set the dates.
The evidence that decides a hotel slip and fall
These types of claims hinge on records the hotel controls. There are four of particular importance, and one of them is usually gone within weeks.
- The cleaning and inspection log. This is the document that answers the s 9 questions, namely how often was the area checked, when was it last checked before you fell and was the system followed that day?
- The incident report. Ask for a copy of the incident report while you are still on the property, then confirm your request by email so the request itself is dated.
- Maintenance records. These are what turn an obvious risk argument into a maintenance failure.
- CCTV. No Queensland law requires hotels generally to keep footage, and it’s normal for these systems to overwrite themselves. There is one narrow rule and it probably doesn’t cover you: under the Liquor Act 1992 (Qld) it is a condition of having a liquor licence that entrance and exit recordings be kept for at least 28 days, or a year beyond that in cases where the recording shows an incident in the venue's incident register. This only applies in the Brisbane City Council area for licensees authorised to trade after 1am. The part of the premises used principally for guest accommodation is excluded from this. Footage showing no incident must actually be destroyed within 30 days after the 28 days end, so you should ask for the footage to be preserved in writing straight away.
You have a right to this material once you give notice. Under the Personal Injuries Proceedings Act 2002 (Qld), the hotel must give you documentary material about the incident that is directly relevant to the matter at hand, as well as any information it holds about the circumstances of, or the reasons for, the incident.
Section 27(2)(a) sets that at 1 month after it receives a complying part 1 notice, and s 27(4) makes it liable for your costs if it fails to do so without a proper reason.
Your own medical evidence starts building from the first appointment.
Common questions about hotel and resort injury claims
Can I sue a hotel for negligence in Queensland?
Yes, but a court proceeding is the final step, not the first one. The Personal Injuries Proceedings Act 2002 (Qld) requires a notice of claim, an exchange of documents and a compulsory conference before anything is filed. That pre-court process is where the claim actually runs.
What if I'd been drinking when I fell?
You can still claim, and you should tell your lawyer you had been drinking early on. Section 47 of the Civil Liability Act 2003 (Qld) presumes contributory negligence, and reduces damages by at least 25% unless you rebut it in cases where you were intoxicated to the point your capacity to exercise proper care and skill was impaired.
Having had a drink is not automatically considered the same thing. The notice of claim form requires you to disclose what you drank in the 12 hours beforehand, so it will come out either way, making honesty the best policy here.
I slipped near the pool, isn't a wet floor an obvious risk?
A wet surface beside a pool often is, but a broken tile, a failed drain or a missing grate isn’t. Section 13(5) takes a risk outside the obvious risk defence in cases where it was created by a failure to properly maintain or care for something.
Do I claim against the hotel, the owner or the body corporate?
Start with the operator and let the notice of claim sort it out. Under the Personal Injuries Proceedings Act 2002 (Qld), anyone who says they are not a proper respondent must give you information that may help you identify who is. Under s 9(7) they must also pass a copy of your notice on to anyone else who might be, and inform you that they have. Section 14 of the same Act lets you add respondents later on down the line.
I was assaulted by another guest, is that the hotel's problem?
Sometimes, and it is assessed the same way as any other claim. Whether the operator failed to take a precaution a reasonable operator would have taken on lighting, crowd control and/or security, and whether that caused the harm, is taken into account. Venue liability for bar fights and assaults goes further.
I was hurt at a hotel interstate or overseas, does any of this apply?
No. Everything on this page is to do with Queensland law. Other states and territories have their own personal injury schemes so circumstances are likely to differ from the ones set out here. An injury that occurs outside Australia raises questions this page does not answer, so you should get advice quickly in the place it happened.
Smith's Lawyers acts on personal injury claims in Queensland.
I was working at the hotel when I was hurt, is this the same claim?
Usually not, and the distinction is important. A claim against your employer runs under the Workers' Compensation and Rehabilitation Act 2003 (Qld), not the Personal Injuries Proceedings Act 2002 (Qld), and the deadlines between them are different.
The Personal Injuries Proceedings Act 2002 (Qld) excludes an injury only to the extent that the entitlement to seek damages is regulated by chapter 5 of the workers' compensation legislation. This means that if you worked for a contractor and are claiming against the hotel rather than your employer, the processes on this page can still apply.
This article on how to make a WorkCover claim is a good place to start.
When to get legal advice
It’s always a good idea to seek early advice in cases such as these.
A claimant who misses the s 9(3) deadline cannot proceed further with their claim unless the respondent waives the failure or the court allows it. A claimant who lets the CCTV be overwritten has lost key material that would have answered the s 9 question.
Both are fixed in the first few weeks or not at all.
Key takeaways
Remember these essential points:
- Alcohol does not end the claim, but intoxication costs at least 25% unless you rebut the s 47 presumption. You have to disclose what you drank in the 12 hours before the injury on the notice of claim form.
- The real deadline is 9 months, not 3 years, and it comes even earlier if you have already instructed a lawyer.
- The evidence belongs to the hotel. Ask in writing for the cleaning log as soon as possible, as well as the incident report and the CCTV. Section 27 compels the hotel to produce this material once you have given notice.
Get help now
If you have been injured at a hotel or resort in Queensland and are unsure how to proceed, we can talk you through what happened and tell you which deadlines apply to you. If you have a claim, we’ll start gathering the evidence held by the hotel before it is overwritten.
We operate under a No Win, No Fee, No Catch® promise, which means no upfront costs and complete protection from the bills, including court costs, if the claim does not succeed.
Call 1800 960 482 or enquire online. You can also use the form below to request a free claim check.
