How to Make a Public Liability Claim in Tasmania

Slip and fall accidents are some of the most common in the country, with more than 30,000 reported injuries a year. Although common, it doesn’t mean that you weren’t owed a duty of care. It’s also not always clear where to turn for support when you’ve sustained an injury from a fall, creating more stress in a time when you should be resting and recovering.

Every state has its own rules for public liability claims, Tasmania included, which makes the claims process seem more complex. This guide will help you explore the specific regulations and processes for public liability claims in the state, and when to seek out advice from public liability lawyers in Tasmania.

If you’re injured in a public place or one controlled by a person, business or council, you may be eligible to make a public liability claim in TAS. Commonly related to slips, trips and falls in everyday public spaces like supermarkets, footpaths, car parks, pubs and public facilities, public liability laws exist to offer financial support for your recovery when another party has failed their duty of care. It’s not about punishing people for accidents, but rather making sure those who control public spaces take reasonable care so you can move through them safely.

Accidents in public spaces claims are often mistaken for workers’ compensation claims, which apply when an injury happens at work. They are also treated as separate claims from motor vehicle accidents, which are separate road injury schemes. As public liability sits under Tasmanian law, the way fault is assessed and compensation is calculated follows local rules, which is why understanding the Tasmanian system can give you clarity in the claims process. 

It’s very common for people to believe they don’t have a claim after a slip or fall in a supermarket, on a footpath or in another public place, when they actually might. You may have a claim for compensation for injury in a public place  if:

• You were injured in a place controlled by someone else, such as a shop, council area, venue, school or business.
• The person in control had a duty of care to keep that place reasonably safe for ordinary use.
• They failed to take reasonable steps to manage an obvious risk.

In real-world terms, failing to take reasonable steps to manage an obvious risk may include leaving a spill unattended for too long, broken or uneven surfaces not being repaired, poor lighting, missing warning signs or known hazards being ignored. 

To succeed, you generally need to be able to prove a duty of care existed, it was breached and this caused your injury. Many people presume they don’t have a case if ‘they weren’t looking where they were going’, others didn’t get hurt or no one saw the accident. But this is not always the case. What matters is whether the risk should have been managed and whether your injury could have been prevented. 

One of the first parts of a public liability claim is understanding who you’re pursuing for compensation for an injury in a public place. Who controlled the place where you were injured is typically the right place to start as they are usually the party who had the power to make the space safer. This can include: 

Private property owners

Private landowners in Tasmania, including landlords of rental properties,  owe a duty of care to lawful visitors to keep their property reasonably safe. When responsibility is being assessed, what the owner knew or should have known about hazards on their land, and whether they acted reasonably to reduce risk will all be considered. If the risk was obvious and easily fixable (or ignored), liability is more likely. However, shared fault can apply in Tasmania if your own actions contributed to the incident, which may impact the outcome.

Businesses and occupiers

Shops, supermarkets, hotels, venues and other occupiers are expected to have systems to identify and manage risks, such as performing regular inspections, cleaning spills and regular safety maintenance. In Tasmania, courts look closely at what was practical for the business to do at the time, not what is perfect in hindsight. A business can still be liable — even if it did not create the hazard — if it failed to respond to it within a reasonable timeframe. 

Employers outside workers’ compensation contexts

If your injury occurred in a public space controlled by your employer, but not in the course of your actual work duties, you may be eligible to make a public liability claim rather than to claim workers’ compensation. In Hobart, Launceston and the rest of Tasmania, the liability is still assessed by control of the premises and reasonable care, not your employment status, with the question being whether the risk arose from the space itself, rather than your work tasks. 

Event organisers

Anyone running an event in Burnie, Devonport or elsewhere in Tasmania has a duty of care for its patrons. They can be liable for unsafe crowd management, poor signage, inadequate barriers or hazardous set-ups that result in injury. Responsibility turns to what risks were foreseeable and what safety measures were reasonable for that event. Even temporary venues have a duty of care, and are expected to plan for predictable risks. 

Government bodies and public authorities

Councils and public authorities in Tasmania can be held responsible for dangerous footpaths, parks, public facilities and other controlled areas. However, these claims can be more complex than, say, compensation for a fall in a supermarket. Courts generally give public bodies some leeway around resources and competing priorities, so you must be able to clearly show the risk was known or should have been known, and reasonable steps were not taken. While there is no strict statutory requirement to serve a formal notice before filing proceedings, it is strongly recommended to send a written notice of claim first, as this is standard practice and can affect how smoothly your matter progresses. 

Slips, trips and falls make up the most common causes for public liability claims in Tasmania. These typically aren’t random mishaps, but rather happen due to a hazard that someone else should have identified and managed, including:

• Slips from losing traction on a surface, usually because a floor was wet, greasy, dirty, highly polished or too steep without proper treatment.
• Tripping from catching feet on something unexpected or uneven, such as broken footpaths, loose tiles, low edges, clutter, cables, loose mats or poorly placed obstacles.
• Falling after a slip or trip, such as losing balance due to poor lighting, missed handrails or hard-to-see hazards.
• Falling from a surface giving way, including decking, stairs, ramps, flooring or temporary structures that moved, sagged or were structurally unsafe.
• Retail slips, such as on an unattended spill, product on the floor or poorly maintained flooring in supermarkets or shops.
• Footpath trips on cracked concrete, raised tree roots, missing pavers or inadequate maintenance of council pathways.
• Hospitality slips on wet floors, spills or unstable outdoor areas without clear warning signs.
• Tripping at an event, such as on exposed cables, uneven staging, loose boards or poorly secured equipment at markets, festivals or temporary setups.

If any of these sound even remotely similar to your accident, it’s likely connected to a preventable hazard rather than just ‘bad luck’, and you may be eligible to make a public liability claim.

After an injury in a public place, you may find yourself needing to take time off work, which can be a huge stressor with medical expenses and your bills to worry about. Public liability claims aren’t about making a profit, but restoring what you’ve lost, and helping you get back on your feet. This may include recovering costs for:

It’s completely normal and very common to not know what applies to you. A lawyer can help you work through each category and estimate what a fair claim could look like based on your circumstances.

The usual deadline to lodge a public liability claim in Tasmania is three years from the date of your injury. In some situations, you may be granted an extension, but they aren’t guaranteed and can be tricky to rely on.

If too much time passes, there is a chance you may lose your opportunity to make a claim, even if your injury is genuine. Getting advice early isn’t about rushing your decision, but giving you time to seek clarity, protecting your options, and letting you focus on healing without worrying about missing any deadlines. 

Insurers are set up to minimise payouts, not guide you through your rights or maximise your compensation for a fall in a supermarket, park, rental property or anywhere else. Speaking with a lawyer helps you balance the playing field while simplifying your claims process.

A public liability lawyer in TAS can help you understand what your case is really worth, protect your entitlements and deal with the insurer so you can focus on recovery. With lawyers in Launceston ourselves, we know how local public liability claims work in practice, how insurers operate, and how to navigate the paperwork and disputes that commonly derail DIY claims.

If you have doubts or even just want to make sure you have ticked all the boxes, there is no harm in speaking with a lawyer under a no win, no fee basis.