Public liability claims arise when you are injured in a public place or on someone else’s property because the person or organisation responsible for it did not take reasonable care. In South Australia these claims usually run against the occupier’s insurer, and they turn on evidence gathered early: where it happened, what the hazard was, who controlled the area and what your injuries have cost you.
What counts as a public liability claim
Common examples include:
- slips, trips and falls in shopping centres, supermarkets, car parks and on footpaths
- injuries caused by poorly maintained premises, stairs, lighting or fixtures
- injuries at sporting, leisure or entertainment venues
- falls on rental or commercial property caused by a defect the owner or manager knew about or should have fixed
- injuries caused by dogs or other animals
Injuries at work are usually handled through the workers compensation system, and road accidents through the CTP scheme. See workplace and personal injury and motor vehicle accident claims for those.
How liability is assessed in South Australia
Public liability claims are negligence claims, and the Civil Liability Act 1936 (SA) sets many of the rules. In broad terms you need to show that the occupier owed you a duty of care, that they failed to take reasonable precautions against a risk that was foreseeable and not insignificant, and that the failure caused your injury.
Obvious risks and your own care
The Act contains provisions about obvious risks and recreational activities, and damages can be reduced if you did not take reasonable care for your own safety (contributory negligence). These are often the insurer’s first argument, which is why photographs, witness details and incident reports matter.
Thresholds for damages
The Act also sets thresholds before some categories of damages, such as damages for pain and suffering, are payable, and caps how some losses are calculated. Whether your claim meets them depends on the injury and its effect on your life, which is assessed with medical evidence.
What you can claim
- medical, rehabilitation and treatment expenses, past and future
- lost income and loss of earning capacity
- care and assistance, including help provided by family
- pain, suffering and loss of enjoyment of life, where the thresholds are met
Time limits
Personal injury claims in South Australia generally must be started within three years of the injury. Extensions are possible only in limited circumstances, so do not rely on one. Evidence such as CCTV footage is often overwritten within weeks, so early advice protects the claim well before the formal deadline.
Immediate practical actions
- Get medical treatment and tell your doctor exactly how the injury happened.
- Photograph the hazard, the area and your injuries as soon as you can.
- Report the incident to the occupier or venue and ask for a copy of the incident report.
- Collect names and contact details of witnesses.
- Keep receipts for every expense and a record of time off work.
- Do not sign a statement or accept an offer from an insurer before getting advice.
Related pages
- Injury & Compensation Lawyers
- Time limits for personal injury claims in Adelaide
- What to do after an injury
Frequently asked questions
Who do I claim against if I fall in a shopping centre?
Usually the occupier, which may be the centre owner, its manager, a tenant or a cleaning contractor, depending on who controlled the area. In practice the claim is made against their public liability insurer. Working out the right party early avoids delay.
Can I still claim if I was partly at fault?
Often yes. If you contributed to the accident, your damages may be reduced to reflect your share of responsibility rather than the claim failing entirely.
How long do I have to make a public liability claim in South Australia?
Generally three years from the date of injury to start court proceedings, with extensions available only in limited circumstances. Get advice well before then, because evidence disappears quickly.
Do I have to go to court?
Most public liability claims resolve by negotiation or at a settlement conference without a trial. Proceedings are sometimes issued to protect the time limit or move a claim forward.