Public liability compensation explained
A slip, trip or fall can cause a fracture, joint injury, spinal injury or head injury. When the injury was caused by an unreasonable safety failure, Queensland law may allow compensation through a public liability claim.
A successful claim is not based on the fact that a fall occurred. It depends on who controlled the place, what risk was present, what that person knew or should reasonably have known, what precautions were reasonable, whether the failure caused the fall, and what loss followed.
You may have a public liability claim if another person or organisation owed you a duty of care, failed to take reasonable precautions against a foreseeable and not insignificant risk, and caused your injury and loss.
Examples can include a spill that was not identified by a reasonable inspection system, water at an entrance without reasonable control measures, defective stairs, inadequate lighting, a concealed hole, or an obstruction left in a walkway. The facts decide the result. An occupier is not automatically liable merely because someone fell.
Act quickly. Photographs, CCTV, incident records, cleaning records, witness details and measurements can disappear. Part 1 of a PIPA Notice of Claim is also subject to an early deadline.
When can a slip and fall claim succeed in Queensland
A person bringing a claim must prove each part of the case on the balance of probabilities. The Civil Liability Act 2003 sets the main rules for breach of duty, causation, contributory negligence and damages in most Queensland public liability claims.
A duty of care
An occupier will usually owe lawful visitors a duty to take reasonable care for their safety. The occupier is the person or organisation with sufficient control of the place. It is not always the legal owner.
The duty is one of reasonable care. It does not make an occupier an insurer against every accident.
A breach of duty
The risk must have been foreseeable and not insignificant. A reasonable person in the same position must also have taken precautions. The court considers the probability of harm, the likely seriousness of harm, the burden of precautions and the social value of the activity that created the risk.
This means the right precaution depends on the setting. A busy supermarket may require a different inspection system from a quiet office. A temporary spill may require a different response from a permanent defect.
Causation
The safety failure must have caused the injury. Factual causation generally asks whether the breach was a necessary condition of the harm. The court must also decide whether it is appropriate for legal responsibility to extend to that harm.
The claimant must identify the probable cause of the fall. Direct evidence is helpful but is not always essential. Circumstantial evidence can establish what probably happened when it has a proper factual foundation. Speculation is not enough.
Injury and loss
A claim also requires proof of injury and financial or personal loss. Medical records, expert evidence, employment records, tax records, invoices and care evidence may all be relevant.
Who may be responsible for a slip or trip
The correct respondent may be a shop operator, shopping centre owner, centre manager, cleaning contractor, landlord, body corporate, event operator, local authority or the person who created the hazard. More than one respondent may be involved.
Control is often more important than the name on the title. Leases, cleaning contracts, maintenance agreements and management arrangements can show who had responsibility for the place and the relevant risk.
Identifying every likely respondent early matters because notice and limitation requirements may need to be addressed separately for each one.
Supermarket and shopping centre slip and fall claims
A supermarket or shopping centre must take reasonable care. This commonly requires a reasonable system for inspecting and cleaning floors, together with evidence that the system was actually followed.
There is no universal inspection interval that applies to every premises. The court may examine customer traffic, the nature and frequency of hazards, the location of the incident, the time of day, staffing, inspection records, cleaning records and the response once a hazard was found.
The High Court decision in Strong v Woolworths Limited confirms that causation may sometimes be proved through reasonable inferences from the evidence. It does not create a fixed inspection rule for every shop.
A warning sign does not automatically defeat a claim. Its timing, visibility, position and wording matter. It must address the actual risk. An obvious risk can affect the duty to warn and contributory negligence, but it does not automatically answer whether other reasonable precautions were required.
What to do after a slip and fall
Report the incident
Tell the occupier or staff as soon as possible and ask for the incident to be recorded. Ask for the report number and a copy if one is available. Make your own note of the time, exact location, hazard, lighting, weather, footwear and how the fall occurred.
Photograph the scene
Take close photographs of the hazard and wider photographs showing the surrounding area, approach path, lighting and any warning signs. If the risk is an uneven surface, record clear measurements when it is safe to do so.
Identify witnesses
Get the names and contact details of anyone who saw the fall, saw the hazard before the fall, or knows how long it was present. Record what each person observed while the memory is fresh.
Preserve CCTV and records
Send a written preservation request promptly for CCTV, incident records, inspection logs and cleaning records. A request does not guarantee immediate access, but it can reduce the risk of routine deletion. CCTV may be overwritten quickly.
Seek medical attention
Obtain appropriate treatment and give an accurate history of the incident and symptoms. Follow reasonable medical advice. Gaps in treatment can make it harder to prove the connection between the fall and the injury.
Keep physical and financial evidence
Keep the shoes and clothing worn at the time. Keep receipts for treatment, medication, travel and equipment. Preserve payslips, tax records, leave records and details of help provided by family or friends.
The PIPA public liability claim process
Most Queensland public liability claims that are not governed by another statutory scheme follow the Personal Injuries Proceedings Act 2002. The Act is commonly called PIPA.
Part 1 of the Notice of Claim
For an ordinary slip and fall claim, the first notice is Part 1 of the Notice of Claim. It must generally be given by the earlier of two dates. The first date is nine months after the incident, or nine months after symptoms first appear if the injury was not immediately apparent. The second date is one month after the claimant first instructs a law practice to act on the claim and the proposed respondent is identified.
The current approved form for a claim other than a health care claim is Form 1 version 7. It took effect on 1 September 2025. Earlier versions are no longer valid for new notices.
A late notice should still be served. It must explain the delay and may require a reasonable excuse. The respondent may accept compliance, waive compliance, or dispute it. A claimant should not assume that a late notice will be accepted.
Part 2 and the investigation
Part 2 provides further information about the injury, treatment, loss and supporting material. It has a further statutory deadline that usually runs for two months from the respondent’s response under PIPA. The precise trigger should be checked against the actual correspondence.
The parties then exchange relevant information and documents. The claimant may be required to attend a reasonable medical examination. Liability, rehabilitation and the value of the claim are investigated.
Compulsory conference and final offers
Before court proceedings can usually start, the parties must attend a compulsory conference unless the requirement is lawfully dispensed with. If the claim does not settle at the conference, each party must make a written final offer.
A claim may resolve during this process. If it does not, court proceedings may be considered under the Uniform Civil Procedure Rules 1999 and the relevant court legislation.
Time limits for slip and fall claims in Queensland
A personal injury proceeding must generally be started within three years after the cause of action arose. For a straightforward slip and fall claim, that will usually be the date of the fall.
PIPA contains a technical provision that can affect this deadline. If a complying Part 1 notice is given before the ordinary limitation period expires, a proceeding may be started within the further period allowed by section 59. That is generally six months after the complying notice or the grant of leave, subject to the exact section and any court order.
A PIPA notice is not a blanket extension for every claim. Special rules may apply to children and people under a legal disability. Limited extensions may also be available in some cases involving a material fact of a decisive character. These rules are technical and should be assessed urgently.
What public liability compensation may include
Compensation aims to place the injured person, so far as money can do it, in the position they would have been in if the injury had not occurred. The available amount depends on the evidence and the effect of the injury.
General damages
General damages compensate for pain, suffering and loss of amenities. Queensland uses an injury scale value between zero and one hundred. The value is assigned under the Civil Liability Act 2003 and the current regulation. The dollar amount is then calculated under the indexation notice that applies.
Economic loss and superannuation
A claim may include past loss of income and future loss of earning capacity. It may also include associated superannuation loss. Evidence about work history, restrictions, career plans and likely future earnings is important.
Treatment and other expenses
Reasonable injury related expenses may include medical treatment, rehabilitation, medication, travel, equipment and other necessary costs. Future expenses require medical support and a reasonable basis for calculation.
Care and assistance
Paid care may be recoverable when it is reasonably required because of the injury. Unpaid care provided by family or friends is subject to statutory conditions. In general, the services must be necessary, provided solely because of the injury, and provided for at least six hours a week for at least six months. The detailed evidence matters.
What if you were partly at fault?
A claim can still succeed if the injured person failed to take reasonable care for their own safety. The court may reduce compensation for contributory negligence by the percentage it considers just and equitable. In an appropriate case, the reduction can be as high as one hundred per cent.
Common issues include whether the person kept a reasonable lookout, ignored a suitable warning, moved through a restricted area, or knew about the risk. The analysis remains fact specific.
An obvious risk is one that would have been obvious to a reasonable person in the claimant’s position. The Civil Liability Act 2003 generally removes a proactive duty to warn of an obvious risk, subject to statutory exceptions. That does not automatically decide whether the occupier should have removed or controlled the risk in another reasonable way.
Footpath injury claims against councils
A fall on a footpath does not automatically make a council liable. The claimant must prove the defect, the relevant duty, breach, causation and loss. There is no universal height difference that makes every uneven footpath negligent.
The Civil Liability Act 2003 gives public authorities additional statutory protections. Sections 35 to 37 may affect the standard applied to public functions, available resources and road authority functions.
Section 37 can prevent liability for a road authority’s failure to repair or inspect a road unless the authority had actual knowledge of the particular risk that caused the harm. Whether that section applies depends on the place, the authority’s function and the way the claim is pleaded.
Clear photographs, measurements, prior complaints, inspection records, work orders and evidence about how long the defect existed can be important. Early investigation is especially valuable in a council footpath injury claim.
Rental property slip and fall claims
A tenant or visitor injured by a defect at a rental property may have a claim, but a landlord or property manager is not automatically liable for every defect.
Queensland tenancy law requires a lessor to meet standards concerning fitness, repair, health and safety. A negligence claim still depends on duty, breach, causation and loss. Relevant facts can include who controlled the area, whether the defect was known or reasonably discoverable, whether repair notice was given, and whether there was a reasonable opportunity to act.
Keep the entry condition report, repair requests, emails, inspection records, photographs and any correspondence with the lessor, property manager or body corporate.
Workplace falls and third party claims
If a worker is injured in the course of employment, a damages claim against the employer is generally governed by the Workers’ Compensation and Rehabilitation Act 2003 rather than the PIPA process.
A separate claim against a third party, such as a property owner, principal contractor or another business, may still require the PIPA process. The schemes can interact, including through statutory refunds, so early advice is important.
Frequently asked questions
Can I claim if there were no witnesses?
Possibly. A court can accept the injured person’s evidence and draw reasonable inferences from other material. Photographs, medical histories, incident records, CCTV and records about the hazard can provide support. The absence of a witness may make proof harder, but it is not an automatic bar.
Can I claim if the hazard disappeared before I photographed it?
Possibly. Report the event immediately and record everything you remember. Witnesses, CCTV, staff evidence, incident records and cleaning records may help establish the condition of the area. The claim will still depend on proof, not assumption.
Does a warning sign defeat a slip and fall claim?
Not necessarily. The sign must be considered in context. Its visibility, position, timing and connection to the actual hazard all matter. A reasonable warning may affect breach or contributory negligence, but it is not an automatic defence in every case.
How long does a public liability claim take?
There is no reliable standard timeframe. The duration depends on how quickly the injury stabilises, whether liability is disputed, the number of respondents, the evidence required and whether court proceedings are necessary. Settling before the medical and financial consequences can be assessed may lead to undervaluation.
Should I give a statement to the insurer?
A claimant must be honest and comply with lawful information requirements. Before giving a detailed recorded statement or signing a release, obtain advice about the purpose, scope and consequences. A signed release can end the right to seek further compensation.
What will it cost to make a claim?
ROC Legal can explain whether a no win no fee arrangement is available for your claim. Any costs agreement should explain professional fees, outlays, refunds, the circumstances in which payment is required and what happens if the claim ends early.
Queensland law also places a statutory limit on claim related legal costs in speculative personal injury claims. The calculation is technical and does not mean that every cost will be paid by the respondent.
How ROC Legal can assist?
ROC Legal assists people with slip and fall claims and public liability claims across Queensland. Early advice can help preserve CCTV and records, identify the correct respondents, protect notice and limitation dates, arrange appropriate evidence and value the full effect of the injury.
We can guide the claim through the PIPA process, compulsory conference and court proceedings if required. Before accepting an insurer’s offer or signing a release, make sure the medical position, future loss and costs consequences have been properly assessed.
General information only
This article provides general information about Queensland law. It is not legal advice and should not be relied on as a substitute for advice about your circumstances.