Public
Liability
Understanding your rights if you’ve been injured due to someone else's negligence in a public or private space is essential for seeking fair compensation.
Understanding Public Liability Claims
In South Australia, public liability refers to the responsibility held by individuals or organisations to ensure their public or privately accessible spaces such as shops, restaurants, footpaths, parks, or rental properties are reasonably safe for visitors. Occupiers have a responsibility to take practical steps to prevent foreseeable harm. If they fail in this duty, for instance neglecting to repair a broken footpath or not cleaning up a spill promptly, and someone is injured as a result, this could potentially form the basis of a public liability claim.
To establish a valid public liability claim in South Australia, it must be shown that your injury occurred due to someone else’s failure to take reasonable care in maintaining a public or accessible space. This involves demonstrating that a duty of care was owed to you, that this duty was breached through negligent action or inaction, and that this breach directly caused your injury or loss. Gathering solid evidence is an essential part of making a public liability claim. This may include photos or video footage of the scene, incident reports, medical documentation outlining your injuries, and statements from any witnesses. The strength and clarity of your evidence can significantly impact the outcome of your claim.
Compensation in Public Liability Claims
Depending on your individual circumstances and the severity of your injuries, you maybe eligible to claim compensation for:
- Medical expenses cover costs related to hospital visits, treatment, medication, and ongoing rehabilitation.
- Loss of income applies if your injury has affected your ability to work or earn a living.
- Future earnings compensation may be available if your long-term earning capacity is reduced.
- Pain and suffering addresses the physical discomfort and emotional distress caused by the injury.
- Care and support includes assistance you need with personal care or daily activities during recovery.
- Home help services may be compensated if your injury prevents you from managing usual household tasks.
- Travel expenses related to medical appointments, treatments or therapy linked to your injury.
- Future treatment covers ongoing or anticipated healthcare needs due to the injury’s long-term effects.
We are here to help
Frequently Asked Questions
If you’ve been injured in a public or private place, it’s important to act promptly. In South Australia, you generally need to notify the responsible party within six months of the incident, and legal proceedings should begin within three years.
Delays can sometimes make it harder to gather key evidence such as witness details or CCTV footage. In some situations, this may even affect your ability to claim compensation. Seeking trusted legal advice early can make all the difference in protecting your rights and giving you the best chance to move forward with confidence.
• Slip, trip or fall accidents in places like supermarkets, shopping centres, restaurants, or community venues caused by wet floors, uneven surfaces or poor lighting.
• Injuries in parks, footpaths or council areas where maintenance has been neglected or safety hazards were not clearly marked.
• Incidents on private properties, including rental homes or short-term accommodation, due to structural issues or unsafe conditions.
• Dog bites or other animal-related injuries where an owner has failed to properly control their animal.
• Accidents during recreational or sporting activities, especially where facilities were unsafe or supervision was inadequate.
• Physical injuries resulting from assaults or unsafe environments in venues such as clubs, events, or public transport areas.
In South Australia, the timeframe for resolving a public liability claim can vary depending on the specific facts of your case. While many matters are resolved within 12 to 24 months.
In many situations, it is necessary for your injuries to stabilise before the claim can properly progress. This allows medical professionals to assess the full impact of your injury and provide reliable evidence to support your case. Other factors such as delays in gathering evidence, the willingness of the other party to negotiate, and whether court proceedings are required can also affect the outcome.
At Grope Hamilton Lawyers, we focus on moving your claim forward with care and efficiency, ensuring that every step is taken at the right time for the strongest possible result.
Our Public Liability Claims Process
Free 30-Minute Initial Consultation
We begin by offering a free no-obligation consultation of up to 30 minutes. This is your opportunity to discuss your incident with a qualified personal injury lawyer, who will assess whether your situation may lead to a public liability claim.
Assessing Eligibility for ‘No Win, No Fee’
Not all claims qualify for our ‘No Win, No Fee’ arrangement. After reviewing the key details of your case, we’ll advise you whether your claim meets the criteria and explain the process transparently.
Evidence Collection and Investigation
Our professional legal team will help you gather relevant documents such as medical reports, incident records, witness statements, and photographs to support your claim. Establishing negligence is key, and we’ll handle the investigative work required to do so.
Preparing and Submitting Your Claim
We’ll prepare your claim in detail and submit it to the appropriate party whether it’s a property owner, insurer, or other responsible entity, ensuring everything is filed correctly and on time.
Negotiation and Legal Representation
Most public liability claims settle outside of court. However, should it proceed further, our experienced solicitors are prepared to represent your best interests throughout legal negotiations or court proceedings.
Continued Support and Communication
We keep you informed at every stage. Whether you have questions or need updates, our team remains available to provide guidance and clarity until your claim is finalised.