How to Make a Public Liability Claim in WA

A slip on a spill in a supermarket or café, or fall on an uneven surface on a footpath or in a car park may seem minor, but the aftermath often is not. That fall may mean time off work, medical expenses or even changes to your everyday lifestyle. This is when pursuing a public liability claim in WA may make sense.

In Western Australia, public liability claims follow their own rules, which is why what you’ve heard about other states may not make complete sense. This guide to how to make a public liability claim in Perth, Geraldton or elsewhere in WA will help you know:

• If you have a public liability claim.
• What you need to be able to make a claim.
• When to contact a public liability lawyer.
• The process for making a claim.

And more. If you’re uncertain about your own claim, our public liability lawyers in WA can answer any questions so you can make informed decisions.

Public liability claims can be some of the more complex to understand. Essentially, if someone is injured in a place controlled by another person or organisation, and the way that place was managed created an avoidable risk, there may be a claim. It applies to any publicly accessible space, including shops, cafés, car parks, rental properties, events and more. 

The public liability system works differently and independently to other injury claims, including WorkCover WA for workplace injuries, as well as motor vehicle accidents, which sit under separate road-based schemes. Each state has its own rules, which means how responsibility is assessed, what evidence matters, and the time limits that apply are different in WA. This is why having a public liability in WA with experience with local cases makes a difference in the ease of the process.

If you have been injured in a public place controlled by someone else as a result of a risk that could have reasonably been handled better, you may have a public liability claim. As long as you can prove the other party had a duty of care to keep you safe and your loss is a result of that negligence to do so, you may have a claim even if:

• You feel partly at fault
• There was a sign somewhere
• The accident happened on council land
• You were moving quickly
• You did not take photos at the time

If you do not know for sure if you have a claim, a public liability lawyer in WA can help you explore your options and how to pursue a slip and fall claim. 

Who is responsible for an injury in a public place is typically whoever owners or controls the place where the accident happened. This is the party who had a duty of care to provide a safe space, and their inability to do so led to your injury. This may include:

Private property owners

In Western Australia, a homeowner or landlord is responsible for maintaining a safe home for guests or tenants. If they knew about a hazard or reasonably should have known, and failed to make amends, they may be liable to compensate for your losses.

Businesses and occupiers

Accidents in supermarkets, restaurants, hotels, cafés and other businesses are some of the most common public liability claims. Their responsibility for your accident is assessed by reviewing their cleaning systems, maintenance records, signage and how quickly hazards are addressed. 

Employers outside workers’ compensation contexts

If you were injured at your place of work while not an employee, you may have a public liability case, not a WorkCover WA matter. This commonly affects contractors, delivery drivers, volunteers and visitors to a workplace, while not being an active employee.

Event organisers

Even pop-up events hold a duty of care to their patrons. Event organisers must plan for foreseeable risks, such as wet ground, uneven surfaces, crowd movements and security. Poor setups, inadequate lighting or unsafe flooring can make them responsible if you become injured.  

Government bodies and public authorities

Claims against councils or state authorities can be more difficult than other processes, but not impossible. They can have stricter timing rules and you may be required to provide notice of your intention to claim. Speaking with a lawyer can help make the process as simple as possible. 

The accident itself doesn’t have to be big to make you eligible for a public liability claim in WA. Some of the most common claims are simple incidents, including:

• Slips on spills, debris or cluttered aisles in supermarkets and shopping centres.
• Trips on cracked, uneven or poorly maintained footpaths and walkways.
• Falls on slippery tiles, loose floorboards, unsecured mats or unsafe stairs in restaurants, cafés, pubs or hotels.
• Injuries in car parks caused by potholes, loose pavers, steep ramps or inadequate lighting.
• Falls at community events, markets or festivals from unstable flooring, temporary structures or poor crowd management.
• Accidents in common areas of rental properties, such as stairwells, shared hallways or driveways that weren’t kept reasonably safe.

There are many other situations that may make you eligible to make a public liability claim outside of these common situations. If you’ve had an accident in a public place, it’s worthwhile speaking to a specialised public liability lawyer.

Slip and fall accidents can go on to impact more than just your physical wellbeing. They can also impact your income, routine and sense of security. Compensation in a WA public liability claim is designed to help cover real costs that come from an accident in a public space, not just reward harm. 

Some of the most common forms of compensation you can access via a public liability claim include:

For most public liability claims in WA, you have up to three years from the date of your injury to start the process. There are some exceptions where children are involved or unusual circumstances, like delayed injuries; however, this is not something you can rely on.

If some time has passed since your slip and fall accident, a claim can become more difficult as evidence can be harder to access, but it’s not impossible. Getting advice as soon as possible will help you know where you stand and what to do next.

Technically speaking, you do not need a lawyer to make a public liability claim in Western Australia, especially if it’s a simple matter and you’re confident in your road ahead. However, if your claim is disputed, there is debate about who is responsible or how serious your injury is, or it involves an insurer, council or large organisation, it may be beneficial to get a specialised public liability lawyer in WA involved.

Speaking to a lawyer as soon as possible after your accident can help you know all your options, collect the right evidence and start your claim with complete, thorough paperwork. Our WA team understands how public liability claims work in Western Australia, making it a straightforward process with no win, no fee so you can get the support you need without worrying about where to get the money from, only paying your fees if your claim is successful.