What Do I Need to Prove in a Public Liability Case?


To have a successful public liability claim in Queensland, you'll typically need to establish three main elements:

  1. A Duty of Care Existed: The person or organization responsible for the place where the accident occurred had a legal obligation to take reasonable steps to ensure your safety. This duty of care is generally implied for anyone who owns, occupies, or controls a public place.
  2. There Was a Breach of Duty: The responsible party failed to meet their duty of care. This means they didn't take reasonable steps to prevent foreseeable harm. Examples include not cleaning spills, failing to fix dangerous conditions, or neglecting to provide adequate safety measures.
  3. You Suffered Loss or Injury: The breach of duty caused you to suffer an injury, and you incurred losses as a result. These losses can include medical expenses, lost income, pain and suffering, and other related costs.

Tips for Gathering Strong Evidence

Building a convincing public liability case depends heavily on the evidence you present. Here are some key tips:

  • Seek Immediate Medical Attention: Get a prompt medical assessment and treatment for your injuries. Thorough medical records are crucial to validate the nature and extent of your injuries.
  • Report the Incident: Notify the owner or manager of the place where the accident happened. Ask for an incident report documenting the circumstances.
  • Take Photos and Videos: If possible, use your phone to document the scene of the accident, the hazard that caused your injury, and your visible injuries.
  • Get Witness Details: Collect the names and contact information of any witnesses present at the time of the incident.
  • Keep Receipts and Records: Maintain copies of all medical bills, pay slips showing lost income, receipts for out-of-pocket expenses, and any other documentation related to your losses.
  • Contact a Lawyer: An experienced public liability lawyer can help guide you through the legal process, gather additional evidence, negotiate with insurance companies and represent you in court if needed.

Smith's Lawyers - Public Liability Specialists

Building a strong public liability claim is complex. At Smith's Lawyers, we understand the importance of evidence in proving your case. 

Contact us today for a free initial consultation on 1800 960 482. Our offices are located in Brisbane, Gold Coast, Sunshine Coast, Cairns, and Toowoomba, and we serve all of Queensland.

Last updated:
May 30, 2024

Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.

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