Public Liability Claims

Under the Civil Liability Act 2003 (Qld) and the common law, an occupier of premises owes a duty of care to all persons who enter the premises to ensure the premises are reasonably safe. our team advises that The duty extends to property owners, tenants, managers, and anyone else in control of premises. The standard of care requires the occupier to take reasonable steps to prevent foreseeable risks of injury. This includes maintaining the premises in a safe condition, warning of known hazards, and inspecting the premises regularly to identify potential dangers. The duty is higher where the occupier invites entry for business purposes.

At our firm, public liability claims in Queensland are governed by the Personal Injuries Proceedings Act 2002 (Qld) (PIPA). The claimant must give the respondent a notice of claim within 12 months of the injury, providing details of the incident and the injury sustained. The respondent has 1 month to acknowledge the notice and 6 months to investigate and respond. The parties must exchange relevant documents and participate in a compulsory conference before court proceedings can be commenced. If the claim is not resolved, court proceedings can be filed in the District Court or Supreme Court of Queensland.

At our firm, the Civil Liability Act 2003 (Qld) provides a defence of obvious risk. An obvious risk is a risk that would be obvious to a reasonable person in the position of the plaintiff, including risks that are patent, apparent, or well-known. If a person suffers injury from an obvious risk, the occupier is generally not liable unless the person was not aware of the risk or the risk was not obvious to them. This defence commonly applies in sporting and recreational settings, such as tripping on a marked step or slipping on a clearly wet surface. The Act also provides a separate defence for dangerous recreational activities.

At our firm, under Part 3 of the Civil Liability Act 2003 (Qld), proportionate liability applies when multiple parties are responsible for a claimant's harm. In such cases, each defendant is only liable for the proportion of the damages that reflects their share of responsibility for the harm, rather than being jointly and severally liable for the whole amount. Apportionment is based on the court's assessment of each party's responsibility. This is particularly relevant in public liability claims involving multiple potential defendants, such as a property owner, a maintenance contractor, and a local council.

Yes. If you are injured on public land such as a footpath, park, council road, or public recreational facility due to the negligence of the council or government authority, our team can help you pursue a claim. The same PIPA pre-court procedures apply.