Public place claims or public liability claims fall within the area of tort law known as negligence. Negligence occurs when harm is caused by carelessness as opposed to intentionally. The law of negligence requires people to exercise reasonable care when they act by taking account of the potential harm they might foreseeably cause to other people.

If you have an accident and injure yourself in a public place such as a park, shopping centre, domestic residence or commercial property you may be able to claim compensation for your injuries against another party.

If you are the party who has caused or contributed to the accident such as the owner or occupier of the public place where a person was injured then you will need to check whether you have a public liability insurance policy or other types of insurance that will cover the compensation amount. If you are adequately insured you may not be personally liable to pay compensation to the claimant.

The law relating to public place claims can be complex. Each state and territory has its own legislation (written law) to facilitate claims for injury compensation. Since public place claims fall within negligence law they are also governed by the common law. The common law is a set of legal principles developed by judges through previous court cases on similar issues. Judges are required to follow previous decisions made by the same court or courts at a higher level in order to promote certainty and consistency within the law.

Both the legislation and common law provide a framework for regulating public place claims. This includes:

• the procedures for making a claim;
• formalities relating to settlement negotiations and court proceedings;
• important limitation periods;
• the type and amounts of compensation that can be claimed;
• issues relating to the parties to the claim; and
• issues related to establishing liability.

This Legal Guide on Public Place Claims provides claimants and respondents with information about how to enforce their rights and protect their interests if they are involved in a public place claim. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.