How to Make a Public Liability Claim in the ACT

An injury in a public place, whether a slip, a fall, or a collision with an unsafe structure, can happen in an instant and take months or years to recover from. Beyond the physical pain, there is often financial strain, time off work, and the nagging question of whether you are entitled to do something about it.

In the Australian Capital Territory, you may have the right to make a public liability claim if your injury was caused by another party’s failure to take reasonable care. This guide explains how the process works in the ACT, what compensation may be available, and what steps you can take to protect your rights.

A public liability claim is a legal action against a person, business, organisation, or authority who owed you a duty of care and failed to meet it, causing your injury. In the ACT, these claims are primarily governed by the Civil Law (Wrongs) Act 2002 (ACT), which sets out the framework for assessing negligence, measuring loss, and awarding compensation.

Public liability differs from other types of injury claims. Workers’ compensation claims in the ACT are managed under the Workers’ Compensation Act 1951 (ACT) and are specifically for employees injured at work. Motor vehicle accident claims follow a separate scheme. Public liability covers the much broader category of injuries that occur in public spaces, private properties, commercial venues, or other environments where a person or organisation had responsibility for your safety.

Given that Canberra is home to a large number of government agencies, Commonwealth facilities, and ACT government infrastructure, the interaction between public liability law and statutory authority responsibilities is particularly relevant in this territory.

Uncertainty is almost always part of this experience. People wonder if their situation was ‘serious enough’, or assume they must have been careless. These feelings are understandable, but they are not the legal test.

Under the Civil Law (Wrongs) Act 2002 (ACT), a public liability claim requires you to establish:

• Duty of care: The responsible party had a legal obligation to take reasonable precautions to prevent foreseeable harm to people like you.
• Breach: They failed to meet that obligation. For example, by allowing a hazard to remain unaddressed, or by failing to maintain their premises to a reasonable standard.
• Causation: Their breach directly caused your injury.
• Damage: You suffered real harm, whether physical injury, financial loss, or both.

It is also worth knowing that the ACT’s compact geography, with a high concentration of government and institutional facilities, means that claims involving public authorities are relatively common. Each case is assessed on its own facts, and a legal assessment is the most reliable way to understand your position.

Understanding who owes you a duty of care depends on who had control over the environment where your injury occurred. In the ACT, the Civil Law (Wrongs) Act 2002 provides the framework for assessing this.

Private Property Owners

Homeowners, landlords, and private property occupiers in the ACT owe a duty of care to people who enter their property, particularly invited guests. Where an unsafe condition on private property was foreseeable and not addressed, the owner or occupier may be held liable.

Businesses and Occupiers

Businesses, including retailers, restaurants, gyms, hotels, entertainment venues, and shopping centres, are required to take reasonable steps to ensure their premises are safe for customers and visitors. The standard is what a reasonable occupier in their position would have done to address a foreseeable risk.

Employers Outside Workers’ Compensation Contexts

If you were injured at a business or commercial property as a visitor, client, or contractor and not as an employee making a workers’ compensation claim, your claim falls under public liability law. The occupier has a duty to everyone who enters their premises lawfully.

Event Organisers

Organisers of public events in the ACT, including markets, festivals, sporting events, and community gatherings at venues like Exhibition Park or Commonwealth Park, owe a duty of care to all attendees. Inadequate safety planning, poor crowd management, or unsafe structures can all give rise to liability.

Government Bodies and Public Authorities

Given the ACT’s unique position as Australia’s capital, with a high density of Commonwealth and ACT government facilities, public authority liability is especially relevant. Claims involving ACT or Commonwealth authorities may involve additional procedural and jurisdictional considerations beyond those applicable to private defendants. Public authorities are not immune from liability, and where a government body failed to respond to a known hazard on public land or infrastructure, a claim may still succeed. However, getting legal advice early is strongly recommended before pursuing any claim that involves a government entity.

Public liability claims arise across a wide range of situations in the ACT. Common examples include:

• Slipping on a wet or unmarked floor in a supermarket, café, or retail store in Canberra’s centres
• Tripping on a damaged or uneven footpath or shared path maintained by the ACT Government
• Falling due to inadequate lighting, broken handrails, or poorly maintained surfaces in a commercial building
• Being injured at a sporting facility, recreation area, or lake precinct
• Suffering harm at an event held at a public venue such as Exhibition Park, Commonwealth Park, or the National Arboretum
• Being injured in car parks, stairwells, or communal areas of commercial or residential buildings
• Suffering injury on Commonwealth government premises or facilities

Public liability compensation in the ACT is designed to address the full impact of your injury, covering financial losses, physical harm, and the broader effect on your daily life. The range of recoverable losses includes:

The Civil Law (Wrongs) Act 2002 (ACT) establishes limits on the compensation available for non-economic loss (pain and suffering). The amount available depends on the assessed severity of your injury and its impact on your daily life. A lawyer can help you understand what is realistically achievable in your circumstances.

In the Australian Capital Territory, the standard limitation period for personal injury claims is three years from the date you sustained the injury, or the date on which you became aware, or ought reasonably to have become aware, that you had a claim against another party.

If the injured person was under 18 at the time of the incident, the limitation period generally does not begin until they reach 18 years of age. Where an injury was not immediately apparent, such as a latent condition that emerged over time, the period may run from the date of discoverability.

If the limitation period has passed, there are circumstances in which a court may grant an extension, but this is subject to careful scrutiny and is not guaranteed.

For claims involving ACT or Commonwealth government authorities, there may be additional procedural steps or notification requirements that must be met before proceedings can be commenced. This is another reason why early legal advice is valuable.

If you have been injured in the ACT and believe someone else was responsible, legal advice is the most practical and protective step you can take. You do not need to have already decided to make a claim. An initial conversation will help you understand what your options are.

The ACT has a relatively compact legal environment, but that does not make public liability claims simple. Identifying liability, gathering evidence, and negotiating with insurers all benefit significantly from professional legal support. Where a government authority is involved, whether ACT or Commonwealth, the procedural requirements are especially important to get right.

Our team understands the ACT’s legal landscape, including how local courts and the relevant authorities approach these matters.

We offer no win, no fee for public liability claims in the ACT, meaning you can access professional legal support without any upfront financial commitment.

The most common barrier people face is not knowing whether their situation is worth pursuing. That is a question we can help you answer, honestly and clearly, in an initial conversation with no obligation attached.