How to Make a Public Liability Claim in WA

Suffering an injury in a public place can upend your life without warning. One moment you are going about your day, shopping, attending an event, walking a footpath, and the next you are dealing with pain, medical appointments, and uncertainty about your financial situation. It is a disorienting experience, and the question of whether you can do anything about it often comes later.

In Western Australia, if your injury was caused by another party’s failure to take reasonable care, you may be entitled to make a public liability claim. This guide explains how the process works, what compensation you might be entitled to, and how to take the next steps with confidence.

A public liability claim is a civil action brought against a person, business, or authority that owed you a duty of care and failed to maintain a reasonably safe environment, resulting in your injury.

In Western Australia, public liability claims are governed primarily by the Civil Liability Act 2002 (WA). This legislation sets out the legal test for negligence, how courts assess the reasonableness of a party’s behaviour, and what damages may be awarded. The Occupiers’ Liability Act 1985 (WA) also establishes the duty of care owed by occupiers of land to people who enter their property.

Public liability is distinct from workers’ compensation (which applies to employees injured at work under the Workers’ Compensation and Injury Management Act 1981 (WA)) and motor vehicle accident claims (which are covered under the Motor Vehicle (Third Party Insurance) Act 1943 (WA)). If your injury happened in a public or private space outside of those categories, public liability is likely the relevant pathway.

The most common starting point for anyone in your position is not certainty, it is doubt. Many people are not sure whether what happened to them was serious enough, whether it was someone else’s fault, or whether they have any realistic chance of success. This uncertainty is natural, and it does not mean a claim is not available.

To succeed in a public liability claim in Western Australia, the following elements generally need to be established:

• Duty of care: The party responsible for the premises or activity owed you a duty to take reasonable steps to prevent foreseeable harm.
• Breach: They failed to meet that standard. For example, by ignoring a known hazard or failing to carry out reasonable maintenance.
• Causation: Their failure directly caused your injury.
• Damage: You suffered actual harm, whether physical injury, financial loss, or both.

The Civil Liability Act 2002 (WA) provides courts with a framework to assess whether the responsible party behaved as a reasonable person would in the same position. Getting a legal assessment from an experienced public liability lawyer is the most reliable way to understand whether your situation gives rise to a valid claim.

In Western Australia, liability for a public injury is assessed by identifying who had control over the environment where your injury occurred and whether they took reasonable steps to prevent foreseeable harm.

Private Property Owners

Under the Occupiers’ Liability Act 1985 (WA), occupiers of private property have a duty of care to ensure their premises are reasonably safe for people who enter lawfully. This applies to homeowners, landlords, and anyone else who controls a private space. Where an unsafe condition on a private property was foreseeable and not remedied, the occupier may be liable.

Businesses and Occupiers

Businesses, including supermarkets, retailers, restaurants, gyms, and shopping centres, owe a duty of care to their customers and visitors. Under WA law, if a hazard existed that the business knew about or ought to have known about, and they failed to address it within a reasonable time, they may be held responsible.

Employers Outside Workers’ Compensation Contexts

If you were injured at a workplace as a non-employee, such as a visitor, client, or contractor not covered by workers’ compensation, your claim may fall under public liability. The occupier of the premises owes a duty of care to all people who enter lawfully.

Event Organisers

Organisers of festivals, concerts, sporting events, markets, and other public gatherings have a duty of care to attendees. In WA, this includes responsibility for venue safety, crowd management, and ensuring that risks are identified and addressed before and during the event.

Government Bodies and Public Authorities

Local councils and government authorities in WA can be held responsible for public liability claims. The Civil Liability Act 2002 (WA) sets out how a public authority’s conduct is assessed, recognising that decisions made in the exercise of a statutory function must be weighed against available resources. However, protections provided to public authorities are not unlimited. Where a council failed to address a known hazard on a public footpath or road, for example, a claim may still succeed. Notice requirements for claims against public authorities can differ, and early legal advice is important.

Public liability claims in Western Australia arise from a wide variety of situations. Common examples include:

• Slipping on an unmarked wet floor in a supermarket or shopping centre
• Tripping on a pothole, raised paving, or cracked footpath on a council-maintained path
• Falling due to poor lighting, broken steps, or missing safety barriers in a commercial property
• Being injured at a festival, sporting event, or entertainment venue
• Suffering harm in a car park, stairwell, or communal area of a commercial building
• Being injured at a recreation area, beach facility, or public park

If your experience is similar to any of these, it is worth speaking with a lawyer to explore your options.

The financial and personal toll of a public place injury can be significant. Compensation available through a public liability claim in WA is designed to address the full range of your losses.

In Western Australia, general damages for non-economic loss are subject to assessment under the Civil Liability Act 2002 (WA). The court evaluates the severity and impact of your injury when determining appropriate compensation. A lawyer can give you a realistic view of the compensation range available in your circumstances.

In Western Australia, the standard limitation period for personal injury claims is three years from the date on which the injury was sustained, or the date on which you became aware, or ought reasonably to have become aware, that you had a claim.

Exceptions apply in certain situations. If the injured person was a minor at the time of the incident, the limitation period begins when they turn 18. If the injury was latent and not immediately apparent, the period may begin from the date of discoverability.

If the limitation period has expired, it may be possible to apply for an extension in limited circumstances, but this is not guaranteed and is subject to court discretion.

Acting early is always in your best interests. It preserves evidence, protects your legal rights, and gives your lawyer the best opportunity to build a strong case.

If you have been injured in a public place in Western Australia and believe someone else may have been at fault, speaking with a lawyer is the best way to understand your options. You do not need to have all the answers first.

WA’s public liability framework involves specific legal tests, evidentiary requirements, and insurer dynamics that are best navigated with professional support. A lawyer will assess the merits of your claim, advise on liability, and advocate for a settlement that genuinely reflects your losses, including those that may not be immediately obvious, such as future care needs or long-term loss of income.

Our Perth team has direct experience in WA’s public liability system and can provide practical, grounded advice tailored to your situation.

We offer no win, no fee for public liability claims in WA, so you can get expert legal help without any upfront financial pressure.

Many people wonder whether their injury is significant enough to warrant a claim, or worry about the cost and time involved. We are happy to answer these questions honestly in an initial conversation, with no obligation and no pressure.