If you've been injured after slipping on a wet floor, tripping over a hazard, or being hurt in a public place, one of the first questions you may ask is: Can I make a compensation claim?
The answer often depends on whether another person or organisation was legally negligent.
Many people assume that if an accident happens on someone else's property, the owner is automatically responsible. However, that is not how public liability claims work in New South Wales. Simply being injured does not necessarily mean someone else is legally liable.
To succeed in a public liability claim, you generally need to prove that another party failed to take reasonable care and that this failure caused your injury.
Understanding what negligence means, and how it is assessed, can help you better understand your rights after an accident.
What Is Negligence?
Negligence is a legal concept used to determine whether someone should be held responsible for injuries suffered by another person.
In NSW, public liability claims are primarily governed by the Civil Liability Act 2002.
Broadly speaking, negligence occurs where a person or organisation fails to take reasonable care to avoid causing foreseeable harm to others.
This might include a business owner, shopping centre operator, local council, school, sporting organisation, landlord, or another occupier of property.
However, the law does not require people to eliminate every possible risk. Instead, it requires them to take reasonable steps to manage risks that are foreseeable.
What Must Be Proven in a Public Liability Claim?
To establish negligence, several elements generally need to be proven.
A Duty of Care Existed
The first question is whether the defendant owed you a duty of care.
Businesses, property owners and occupiers generally owe visitors a duty to take reasonable care for their safety while they are lawfully on the premises.
For example, supermarkets are expected to maintain reasonably safe walkways, while shopping centres should have systems in place to identify and respond to hazards.
The Duty of Care Was Breached
The next question is whether reasonable care was taken. Courts consider whether a reasonable person in the same position would have taken additional steps to reduce or eliminate the risk.
Factors that may be considered include:
- How foreseeable the risk was.
- How likely it was that someone would be injured.
- The seriousness of the potential injury.
- The practicality and cost of preventing the risk.
For example, a freshly spilled drink on a supermarket floor may not automatically amount to negligence. However, if the spill remained unattended for an unreasonable period despite regular customer traffic, the circumstances may be viewed differently.
Each case depends on its own facts.
The Breach Caused the Injury
Even where a hazard existed, it must also be shown that the breach actually caused your injury.
For example, if someone trips because they were looking at their phone rather than because of an alleged defect in the footpath, establishing legal causation may become more difficult.
Medical evidence, witness statements, photographs and incident reports often become important in demonstrating how an accident occurred.
You Suffered Loss
Finally, there must be evidence that the injury resulted in compensable loss.
This may include:
- Medical expenses
- Loss of income
- Rehabilitation costs
- Pain and suffering (where legislative thresholds are met)
- Future treatment expenses
The extent of the loss will depend on the circumstances of each individual claim.
Is Every Accident Caused by Negligence?
One of the biggest misconceptions about public liability claims is that every accident gives rise to compensation. The law recognises that accidents sometimes occur despite reasonable care being taken.
For example:
- A customer may slip moments after another shopper spills liquid.
- Uneven ground may be obvious and easily avoided.
- A sporting activity may involve risks that participants willingly accept.
The fact that someone has been injured does not automatically establish negligence. Instead, the circumstances surrounding the accident must be carefully examined.
What Evidence Helps Prove Negligence?
Evidence often determines whether a claim succeeds. Useful evidence may include:
- Photographs of the accident scene
- CCTV footage
- Incident reports
- Witness statements
- Maintenance records
- Cleaning logs
- Inspection schedules
- Medical records documenting the injury
Where possible, preserving this evidence soon after the accident can be extremely valuable.
As time passes, CCTV may be overwritten, hazards may be repaired, and witnesses may become harder to locate.
Can You Still Claim If You Were Partly Responsible?
Even if you contributed to the accident, you may still be entitled to compensation. This is known as contributory negligence.
For example, if you were distracted while walking or ignored an obvious warning sign, a court may determine that you were partly responsible for your injuries.
Rather than preventing a claim altogether, compensation may simply be reduced to reflect your share of responsibility. Each case depends on its particular facts.
Why Early Investigation Matters
Public liability claims often become more difficult as time passes. Conditions at an accident scene can change quickly, CCTV footage may no longer be available, and maintenance records may become harder to obtain.
Early investigation allows important evidence to be preserved before it is lost. It also provides an opportunity to identify who was legally responsible for maintaining the area where the accident occurred, which is not always straightforward in shopping centres, commercial buildings or public spaces.
Obtaining legal advice soon after an accident can therefore place you in a much stronger position if negligence is later disputed.
How Law Advice Can Help
Establishing negligence is rarely as simple as showing that an accident occurred. Public liability claims often involve complex questions about duty of care, foreseeability, maintenance systems, and whether reasonable precautions were taken in the circumstances.
The personal injury lawyers at Law Advice regularly assist people who have been injured in public places by investigating the circumstances of the accident, obtaining critical evidence such as CCTV and maintenance records, and assessing whether the legal requirements for negligence have been met. Where liability is disputed, they work with medical experts and other professionals to build a strong, evidence-based claim.
If you have been injured and believe someone else's negligence may have contributed to your accident, obtaining early legal advice can help you understand your rights and ensure important evidence is preserved. With experienced legal representation, you can focus on your recovery while your claim is prepared and managed strategically.