One summer's day, you’re enjoying a morning coffee catch-up with your friends, and suddenly, a burn turns your outing into a painful nightmare. If you’ve ever been injured in a public setting, like a Queensland cafe, restaurant, or bar, you may be entitled to compensation. We’re all entitled to this under public liability law, particularly so if the venue failed in its duty of care somehow.
That’s why understanding your rights, knowing what steps to take, and acting quickly can make all the difference. Here's what you need to know about how Queensland’s legal framework applies to hospitality venues, and how to protect your claim from the very beginning.
When Can You Claim Compensation?
Before we start, you should know that not every accident at a hospitality venue leads to a successful claim. To be eligible for compensation, three key conditions generally must be met:
- The venue must have been negligent by failing to meet their duty of care in some way.
- In turn, your injury must have directly resulted from that negligence.
- You must have suffered actual harm. This might be physical, psychological, or financial harm.
In simple terms: if the venue could reasonably have prevented the hazard that caused your injury, and you suffered real damage because of it, you may have a claim.
Examples of Claims That Could Succeed
Some examples of scenarios where hospitality venues were held responsible include:
- A guest slipping on a wet floor without any warning signs.
- Being served dangerously hot food or drinks without warning and/or proper safety measures.
- A diner suffering severe food poisoning from improperly handled or contaminated food.
- Being injured by poorly maintained furniture, stairs, or other fittings.
In the above cases, negligence usually involves a failure to fix known risks, follow industry standards, or warn patrons about potential dangers. Hospitality owners need to always be alert to potential dangers to avoid causing them harm. By operating a public venue, they have an immense responsibility to keep everyone who walks through their doors safe.
When a Claim Might Not Succeed
On the other hand, not every injury in a hospitality venue is someone else’s fault. Sometimes, accidents happen that no one could have reasonably foreseen. Claims are unlikely to succeed in situations like these:
- A guest tripping over their own handbag, backpack, or other belongings.
- Someone falling due to a pre-existing medical condition which is unrelated to the venue’s environment.
- Injuries caused by clearly visible and easily avoidable hazards.
- And of course, accidents that happen due to your own intoxication or reckless behaviour.
According to Queensland personal injury data, around 40% of initial enquiries about hospitality venue injuries do not proceed to formal claims. In most of these cases, provable negligence cannot be established.
First Steps to Take After an Injury
What you do immediately after an accident can make a huge difference to your compensation prospects. Here’s what you should do:
1. Seek Medical Attention
Always seek medical help, even for minor injuries like bruises, burns, or dizziness. Symptoms can worsen over time, and early medical records are vital proof that your injury was caused by the incident.
2. Report the Incident to the Venue
At the time of the accident, notify a staff member or manager straight away and request a written incident report. This is crucial because:
- It creates an official record of what happened.
- It triggers the venue’s duty to preserve CCTV footage.
- It establishes the exact time and place of the accident.
If staff refuse to document the incident, note their names and details of the refusal.
3. Request CCTV Footage Preservation
Ask management to save any security footage that shows the lead-up to your injury. Most venues only keep recordings for 7-30 days unless preservation is specifically requested.
4. Gather Evidence
You should also collect your own evidence to strengthen your claim. Consider gathering:
- Photos or videos of hazards like wet floors, broken furniture, or poor lighting.
- Collect the names and contact details of any witnesses to the accident.
- Keep physical evidence where possible (such as contaminated food or damaged clothing).
5. Seek Legal Advice Early
Next, contact a lawyer as soon as possible. Early legal advice can help with:
- Securing crucial evidence before it is deleted or lost.
- Accessing incident reports and maintenance records.
- Properly assessing your claim while details are still fresh.
6. Avoid Giving Recorded Statements
We also recommend politely declining to give any recorded statements to the venue’s insurer until you have spoken with a lawyer yourself. In some cases, insurers have used this against the person injured during the claims process.
Common Causes and Injuries in Hospitality Venues
Frequent Hazards
- Slips and trips: Wet floors, cluttered pathways, or unmarked steps.
- Burns: Spills from hot drinks or faulty equipment.
- Food poisoning: Poor hygiene or undercooked meals.
- Falling objects: Items falling from unstable shelves or unsecured fixtures.
Typical Injuries
- Wrist and hip fractures from falls.
- Deep cuts and lacerations from broken glass or sharp edges.
- Burns from hot liquids and food.
- Gastrointestinal illnesses from contaminated food.
A 2024 Metro North Health study found that 35% of reported hospitality injuries involved cuts or piercing injuries, while 14% were due to falls.
How Public Liability Claims Work in Queensland
Step 1: Establish Negligence
You will need to prove the venue failed to meet a reasonable standard of care. This could involve:
- Ignoring known hazards, such as recurring spills.
- Failing to install safety features like non-slip mats.
- Not providing clear warnings about potential dangers.
Courts use a "reasonable standard" test, comparing the venue’s actions to what other similar venues would reasonably do under the circumstances.
Step 2: Lodge a Claim
You must also submit a Notice of Claim within three years of the accident. Exceptions may apply for children or people with impaired decision-making capacity.
Evidence to include:
- Medical records linking your injury to the incident.
- Proof of financial losses, such as medical bills or lost wages.
- Any supporting evidence like witness details, photographs, and incident reports.
Step 3: Negotiate or Proceed to Court
Most public liability claims are resolved through negotiation or mediation, without the need to go to court. During this process, both sides have the opportunity to discuss the claim, share evidence, and work towards a fair settlement. Mediation is often quicker, less stressful, and more cost-effective than formal court proceedings.
However, if the insurer disputes liability or a settlement cannot be reached, court action may become necessary. In those cases, a judge will review the evidence and decide whether the venue was legally responsible for your injury, and what compensation you should receive. Having strong evidence, such as medical reports, witness statements, and preserved CCTV footage, can significantly strengthen your case if it proceeds to court.
Compensation You May Be Entitled To
Compensation can cover:
- Economic losses: Including medical expenses, rehabilitation costs, and lost earnings.
- Non-economic losses: Such as pain and suffering, or reduced quality of life.
For instance, a customer severely burned by a spilled coffee could claim costs for surgeries like skin grafts, plus compensation for permanent scarring and emotional impact.
The Power of CCTV Footage
CCTV evidence often plays a critical role in public liability claims:
- It provides objective proof of how an incident happened.
- It can show staff behaviour and how quickly hazards were addressed.
- It often leads to faster claim resolutions.
Research shows that claims backed by preserved CCTV footage are up to 60% more likely to succeed than claims relying solely on witness accounts.
Tip: Act quickly. Most security footage is automatically deleted after 7–30 days.
Do You Need Legal Advice?
Whether you need a lawyer depends on the circumstances of your injury. You should strongly consider legal advice if:
- Your injuries are serious or long-lasting.
- The venue disputes responsibility.
- You face challenges obtaining evidence like CCTV or incident reports.
Smith’s Lawyers offers free case reviews with no upfront costs, under our No Win, No Fee, No Catch® guarantee. We assist clients throughout Queensland, including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich, Toowoomba, Cairns, and Townsville.
If you are unsure where to start, you can request a free case review online or call 1800 960 482.
Frequently Asked Questions
Can I still claim if I slipped because I was distracted?
Possibly. Queensland law recognises contributory negligence, meaning your compensation could be reduced but not necessarily denied.
How long do I have to claim for food poisoning?
The general time limit is three years from the incident. However, strong medical evidence linking your illness to the venue is essential, so seek medical advice and report the incident to Queensland Health as soon as possible.
What if the venue denies liability?
Your lawyer can request CCTV footage, maintenance records, and hygiene audits to challenge a denial. Acting early helps preserve this crucial evidence.
