In Queensland, as in other parts of Australia, Public Liability insurance protects businesses against claims made by third parties, such as customers and visitors, who suffer injury or damage to property due to the business’s actions, negligence or unsafe conditions.
For a legal case to be successful in a public liability claim, the claimant (the injured party) must prove certain key elements in order to hold the insurer (on behalf of the business) responsible.
What is an example of a public liability claim?
Public liability claims can be a confusing area of personal injury law because public liability covers private premises, too, such as rentals. ‘Public’ liability means that the holder of the policy has a responsibility to the public to keep their premises safe for public use.
Some examples of the types of claims that can be made against a public liability policy include:
- Slip and fall accidents
- Trip and fall accidents
- Food poisoning
- Dog bite claims
- Gym, health and fitness injuries
- Rides and amusements
- Product liability claims
- Public place accidents
- Rental properties
This list of public liability claim examples is not exhaustive, so please get in touch with our team if you feel you may have a public liability claim. We offer a free assessment to determine whether you have a valid claim for public liability compensation matters.
What is the difference between personal injury and public liability claims?
Whilst a personal injury will be the focus of a public liability claim, there are many different types of compensation laws based on when, how, where, and why the injury occurred. Personal Injury claims involve legal actions taken by an individual who has suffered harm, either physically or emotionally, due to someone else’s negligence or wrongdoing.
These claims can arise from various incidents, such as car accidents, medical malpractice or workplace injuries. The injured person or their representative pursues compensation for damages, including medical costs, lost wages, and pain and suffering.
Public Liability claims are a specific type of personal injury claim focused on injuries or property damage that occur in public spaces or on a business’s premises. These claims are made by third parties – such as clients, guests or passers-by – who are harmed due to the negligence of a property owner or business.
Common examples include slip-and-fall accidents in stores or restaurants, as well as accidents caused by unsafe conditions at public events or in a hotel or Airbnb. Public liability claims specifically hold businesses or property owners responsible for maintaining a safe environment for the public.
What does public liability insurance cover?
Public Liability Insurance protects businesses against claims for injuries or property damage suffered by third parties (customers, clients, or the general public) as a result of the business’s operations. It typically covers:
- Injury to Third Parties: If a customer or a member of the public is injured on your premises or due to your activities, the insurance covers the cost of their medical treatment, compensation, and legal fees.
- Property Damage: If your business activities cause damage to someone else’s property (for example, accidentally damaging a client’s equipment), the insurance can cover repair or replacement costs.
- Legal Fees: If the business is sued, Public Liability Insurance will help cover legal costs, including defending claims in court.
Medical Expenses and Compensation: If a claim leads to financial compensation (for lost wages or pain and suffering), Public Liability Insurance can cover these costs.
What isn’t covered by public liability insurance?
While it provides broad protection, Public Liability Insurance typically does not cover:
- Employee Injuries: Injuries to employees or workers are covered by Workers’ Compensation Insurance, not public liability.
- Intentional Acts: Claims arising from deliberate or illegal activities are not covered.
- Damage to Your Own Property: Public Liability Insurance doesn’t cover damage to the business’s own property; for that, you would need Property Insurance.
- Product Liability: If your product causes injury or damage, a separate Product Liability Insurance policy is required.
What needs to be proven to make a successful public liability claim?
To succeed in a public liability claim in Queensland, the claimant and/or their legal team must prove the following:
- Duty of Care: The business must owe a duty of care to the injured person. This means the business must ensure the safety of those on its premises or affected by its operations. The claimant must show the business had a legal obligation to provide a safe environment.
- Breach of Duty of Care: The business must have failed to meet its duty of care. The claimant must show the business did something (or failed to do something) a reasonable person would have avoided, like failing to clean up a spill.
- Causation: The claimant must prove the breach directly caused the injury or damage. Evidence such as medical records, witness statements, or expert opinions must show that the breach led to the harm.
- Foreseeability: The harm must have been foreseeable. The claimant must show the business should have known that its actions or inactions could cause injury, like a wet floor posing a clear risk of slipping. Actual Injury or Damage: The claimant must show they suffered real harm. Evidence like medical records or repair estimates is required to prove the injury or property damage.
How do you lodge a public liability claim in Queensland?
To lodge a public liability claim in Queensland, follow these steps:
- Seek Medical Attention: If injured, see a doctor and get medical documentation of your injuries. This will support your claim.
- Notify the Responsible Party: Inform the business, property owner or responsible party about the incident. Provide details of the injury and how it occurred. Keep a copy of this communication.
- Gather Evidence: Collect evidence such as photographs of the scene, witness statements, and any other relevant information that supports your claim. This could include accident reports or security footage.
- Contact The Insurer: If you’re making a claim against a business or property owner, contact their insurance company. Most businesses are covered under public liability insurance. They may request details of the incident.
- Lodge the Claim: Submit your claim to the insurer or the responsible party. Include your evidence and a clear account of what happened.
- Legal Advice: If you’re unsure of the process or your claim is complex, seek legal advice. A lawyer can guide you through the process and ensure your rights are protected.
- Wait for a Response: The insurer will investigate your claim and, based on their findings, offer compensation or deny it.
Steps to proving a public liability claim in Queensland
To succeed in a public liability claim in Queensland, the claimant must establish the following:
1. Duty of Care
- What it means: The business or policyholder (defendant) must owe a duty of care to the injured person. In most cases, businesses owe a duty of care to people on their premises or those who may be affected by their operations. For example, a shop owner owes a duty of care to customers to maintain a safe environment.
- How to prove it: The claimant must show that the business (or its employees) had a legal obligation to ensure that the environment or activity was safe for the person who was injured.
2. Breach of Duty of Care
- What it means: The claimant must prove that the business breached its duty of care by failing to take reasonable steps to ensure safety. This can include failure to maintain safe premises, failure to warn of hazards, or negligence in carrying out business activities.
- How to prove it: The claimant must show that the business did something (or failed to do something) that a reasonable person or business in the same position would have avoided. For example, if a shopkeeper knows about a spill on the floor but does nothing to clean it up or warn customers, this would be a breach of the duty of care.
3. Causation
- What it means: The claimant must show that the breach of duty directly caused the injury or damage. The injury must be a direct result of the business’s actions or lack of action.
- How to prove it: The claimant must provide evidence that the business’s breach of duty (e.g., failure to clean up the spill) directly caused the injury (e.g., a customer slipping on the wet floor). This can include medical records, witness testimony, and expert evidence.
4. Foreseeability
- What it means: The injury or damage caused must have been foreseeable to the business. In other words, the business should have reasonably foreseen that its actions (or lack of actions) could result in harm.
- How to prove it: The claimant must show that the business knew, or should have known, that the risk of injury was likely and that reasonable steps should have been taken to prevent it. For example, a customer slipping on a wet floor in a store is a foreseeable risk, and the business should have taken steps to prevent it.
5. Actual Injury or Damage
- What it means: The claimant must show that they suffered actual harm or injury. Without evidence of injury, there can be no claim.
- How to prove it: The claimant needs to provide medical records, photographs, or other documentation to show the extent of the injury or damage suffered. If the property was damaged, they may need to provide repair estimates or proof of replacement costs.
What happens if the claim is successful?
If the claimant proves their case successfully, they may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages due to the injury
- Pain and suffering (in some cases)
- Property damage (if applicable)
- Legal costs associated with pursuing the claim
Challenges during the public liability claim process
Several challenges may arise during a public liability claim. One common issue is contributory negligence. If it’s determined that you were partly responsible for the accident, your compensation may be reduced proportionally.
For instance, if you were injured in a slip-and-fall accident but were not paying attention to warning signs, your compensation could be lowered by a percentage that reflects your share of the responsibility. It’s important to understand that even if you bear some responsibility, a specialist lawyer can help argue your case to minimise the reduction.
Another challenge is disputed claims. If the insurer denies your claim or disputes the extent of your injuries, it can complicate the process. Disputes may arise over the facts of the incident, the severity of your injuries, or whether the business was indeed negligent. In these cases, you may need to take the matter to court to resolve the issue.
Having a public liability lawyer on your side is invaluable in these situations, as they can help build a strong case, present evidence effectively, and fight for the compensation you deserve.
A public liability claim can be complex, but with the right legal support, you can overcome these challenges and improve your chances of securing fair compensation.
How specialist public liability lawyers can help with your matter
Public liability lawyers can assist you in navigating the complexities of the public liability claim process. They can provide expert advice on your eligibility to make a claim and help gather the necessary evidence to support your case.
These lawyers are skilled at negotiating with public liability insurers to ensure you receive fair compensation. If your case requires legal action, they can represent you in court and advocate on your behalf. Their expertise ensures that your claim is handled professionally, increasing your chances of a successful outcome.
What to do if you receive a settlement offer
If you have applied to claim compensation and receive a settlement offer, it is essential to seek legal advice before accepting or rejecting the offer. Public liability law can be very nuanced, and a personal injury lawyer can help you determine whether the offer is fair and negotiate a higher settlement if necessary.
Resolving a public liability claim
Resolving a public liability claim can be a complex and time-consuming process. It is essential to seek legal advice from a specialist public liability lawyer to ensure you receive the compensation you deserve. They can help you navigate the public liability claim process, gather evidence, and negotiate with the public liability insurer.
Conclusion
In Queensland, making a successful claim against a public liability insurer requires the claimant to prove that the business owed a duty of care, breached that duty and caused injury or damage. Strong evidence of these elements, such as photographs, medical records, witness statements, and expert testimony, is essential.
Causation and foreseeability are particularly important in establishing liability. The claimant must show that actual injury or damage occurred due to the business’s actions or negligence. If successful, the claimant can receive compensation for their injuries, damages and losses. Understanding these legal elements is crucial for anyone seeking fair compensation through public liability claims in Queensland.
