If you’re injured in a supermarket, at a shopping centre, in a park or on a footpath, you might assume someone must be “at fault”. In New South Wales, though, not every accident will lead to a successful public liability claim. The key point to understand is whether someone was negligent.
What is a public liability claim?
Public liability claims cover injuries that happen because a person, business or authority failed to take reasonable care in places they control. Typical examples include:
- Slip-and-fall accidents in supermarkets or shopping centres
- Injuries caused by poorly maintained footpaths or in council parks
- Accidents in unsafe strata buildings or common properties
- Dog attacks or injuries in holiday rental properties
In each case, the injured person needs to prove the accident or injury is caused by negligence.
How does NSW’s law define negligence
Under the Civil Liability Act 2002 (NSW), a person or organisation is only negligent if they failed to take reasonable precautions against a risk of harm. In simple terms, three things must usually be proven:
- The risk was foreseeable: It was something a reasonable person in that position would have known about.
- The risk was not insignificant. In that sense, the risk is real and meaningful, which would exclude something extremely unlikely or trivial.
- A reasonable person would have taken precautions. Essentially the risk should have been removed. For example, fixing the hazard, cleaning a spill promptly, or putting up a warning sign.
When deciding if more should have been done, courts look at factors such as:
- How likely it was that someone would be injured
- How serious the harm could be
- How difficult, expensive or inconvenient it would have been to remove the danger
- How important the activity was (for example, a busy public facility)
Due to the way negligence is defined, each accident needs to be carefully evaluated on a case by case basis. Importantly, not every injury will lead to compensation. For example:
- If the risk was obvious and a reasonable person would have taken more care themselves.
- The hazard only existed for a short time, and the occupier had a proper inspection and cleaning system in place.
- The injury happened even though reasonable precautions were taken.
Sometimes, an injured person may also be found partly responsible for their own injury and therefore impact how compensation is evaluated.
What negligence looks like in real life
Here are a few simplified examples of how these principles play out in practice:
- Supermarket spills
If a liquid spill is left on the floor for a long time and there is no adequate system for regular inspections and cleaning, a court may find the supermarket negligent. But if the spill happened just moments before the fall, and staff had a reasonable system in place, negligence may not be found. - Broken or uneven footpaths
Councils are not expected to keep every footpath in perfect condition at all times. However, if they knew or should have known about a significant trip hazard and failed to repair it within a reasonable time, negligence may be established. - Wet stairs with no warning signs
Where stairs become wet during cleaning or in bad weather, property owners are expected to take reasonable steps to reduce the risk – for example, using non-slip surfaces, mats or warning signs. Failing to do anything may amount to negligence.
What to do if you’ve been injured in a public place
If you’ve been hurt and think negligence may be involved, it’s important to:
- Get medical treatment and keep records of your injuries
- Report the incident to the occupier (for example, the store or council)
- Take photos of the area and your injuries, if you can
- Keep details of any witnesses
Strict time limits can apply to public liability claims in NSW, so getting early legal advice is crucial. Our accredited s can review what happened, advise you on whether negligence is likely to be established, and guide you through your options to get the compensation you deserve.