Public Liability Claims in Queensland

If you have sustained an injury in a public space or on private property, you may have rights under the Personal Injuries Proceedings Act 2002 (Qld). This legislation governs claims for injuries resulting from the operation of the law of negligence in various environments.

Kare Lawyers provides legal representation and advice regarding the procedural requirements of public liability matters in Queensland.

Notice of Claim must generally be given within 9 months of the incident or 1 month of consulting a lawyer.

What is a Public Liability Claim?

A public liability claim may arise when an injury is caused by a failure to maintain a safe environment or a breach of the duty of care by a property owner, occupier, or local authority. Under Queensland law, potential entitlements are assessed based on statutory scales and may include:

• Medical and Rehabilitation Expenses: Reasonable costs for treatment related to the injury.
• Economic Loss: Advice on how an injury may impact past and future earning capacity.
• General Damages: Assessments for pain, suffering, and loss of amenity as determined by statutory formulas.
• Care Requirements: Assistance with the costs of professional or domestic care if specific thresholds are met.

Common Scenarios

Public liability matters often involve injuries sustained in:

• Retail and Commercial Settings: Such as shopping centres or supermarkets.
• Public Infrastructure: Including parks, footpaths, or government-managed facilities.
• Private Property: Where an occupier has failed to address hazardous conditions.
• Recreational Venues: Including hotels, sporting arenas, or restaurants.

The Procedural Steps in Queensland

The claims process is governed by strict statutory steps. Our practitioners assist in navigating:

1. Reporting the Incident: Ensuring the relevant party is notified of the injury as required.
2. Evidence Collection: Identifying the relevant evidence to support the legal requirements of a claim.
3. Notice of Claim: Lodging the mandatory Version 7 PIPA forms within the required timeframes.
4. Compulsory Conferences: Participating in the mandatory mediation steps required before court proceedings can be commenced.

Our practitioners provide factual legal guidance throughout the claims process. We offer:

• Legal Advice on Statutory Rights: Helping you understand the operation of the law of negligence in Queensland.

• Speculative Fee Arrangements: We offer “no win, no fee” arrangements in accordance with the Legal Profession Act 2007 (Qld).

• Management of Procedural Steps: Handling the mandatory conferences and mediation required before a matter can proceed to litigation.