If you’ve suffered an injury in a public place or on someone else’s property in NSW, you might be wondering if you can make a public liability claim. Public liability claims help people recover medical expenses, lost income, and other costs after accidents caused by someone else’s negligence.
This guide explains public liability, provides real-world public liability claim examples, and walks you through the claims process. Burke Mead Lawyers are experts in public liability claims, offering clear, jargon-free advice and compassionate support.
If you’re dealing with injury, financial stress, or uncertainty following a slip and fall accident or an act of negligence, etc., our team is here to help you understand your options and secure the compensation you deserve.
What Is Public Liability?
Public liability is the legal responsibility that individuals, businesses, or organisations have to keep others safe in public spaces or on their property. If someone is injured because a property owner or occupier failed to take reasonable care, the injured party may be eligible to make a personal injury claim and they may be held liable for the harm caused.
Public liability insurance covers the costs of compensation claims made by people who are injured or suffer property damage due to the insured party’s negligence. A successful public liability claim may include compensation for past and future loss of income, domestic assistance, financial support for medical treatment and related expenses, or even legal costs. To be successful, public liability compensation claims must show that there has been a breach in the responsible party’s duty of care.
Duty of Care and Breach of Duty
Duty of care means taking reasonable steps to prevent harm to others. For example, a shopping centre must keep floors dry and free from hazards. If a business fails to clean up a spill and someone slips, that’s a breach of duty and may result in personal injury or negligence claims.
The most common public liability claims involve accidents in places such as:
- Supermarkets and shopping centres
- Council parks and playgrounds
- Rental properties and apartment complexes
- Beaches and public pools
- Community events and sporting clubs
While common injuries for claims include:
- Food poisoning: Illness from contaminated food at restaurants or cafes.
- Falling objects: Items falling from shelves in shops or construction sites
Real-World Case Studies & Compensation Figures
Understanding how public liability claims work in practice can help you assess your own situation. Here are some real examples:
Case Study: ALDI Foods Pty Ltd v Young [2016] NSWCA 109
Incident: On 22 July 2009 Ms Susan Young, a 52 year old woman, was shopping at an ALDI store. She brought proceedings against ALDI Supermarket after the plaintiff stepped or tripped over a pallet jack.
The plaintiff argued that Aldi breached their duty of care by placing the Pallet Jack in the middle of the aisle, failing to warn of its presence and failing to barricade the Pallet Jack. Aldi argued that they did not breach a duty of care under the Civil Liability Act 2002 (NSW), relying on ss5F, 5G and 5H of the act and stated that she failed to avoid the “obvious danger”. The plaintiff also had pre-existing injuries.
Outcome: While the Court will have an expectation that a person will exercise reasonable care for their own safety. However, this must be measured with the responsibility of the occupier who should be aware that customers will not always be attentive when it comes to their own safety.
In the initial proceedings, the Court found in favour of Ms Young and awarded damages with a reduction of 10% for contributory negligence.
ALDI appealed this judgement, which was later upheld by the majority but reduced the damages again.
Case Study: Kmart Australia Limited v Marmara [2024] NSWCA 249
Incident: Ms Marmara, 59 years-old, was shopping at Woy Woy Kmart when she was struck by a falling mountain bike. The plaintiff was holding her granddaughter’s hand in the self-serve checkout and another customer attempted to maneuver two mountain bikes in his trolley. As the customer did this, one of the bikes fell from the standard shopping trolley and struck the plaintiff from the back, injuring her neck and shoulder.
Outcome: Under Section 5B of the Civil Liability Act 2002 (NSW), the court found that the risk of personal injury was both foreseeable and significant. Judge Gibson noted that the “likely seriousness of the harm was high… the impact of the blow was considerable. The plaintiff was holding the hand of a small child at the time. That child could have been struck by one or both boxes falling.” The judge ruled in favour of Ms Marmara.
Case Study: Hill v Coles
Incident: In 2003, Ms Hill was shopping at a Coles supermarket. She walked past a refrigerated cabinet filled with fruit and vegetables and suddenly “hit the ground with a thud” (SMH) suffering a serious injury to her left ankle, which later required surgery.
Although the defence (Coles) argued that Ms Hill had sustained the injury due to her own negligence of not avoiding an obvious hazard, Judge Mahony ruled that there was a breach by the defendant of its duty of care to the plaintiff.
Outcome: In assessing damages, Ms Hill’s surrounding circumstances were measured including the effects of the injury upon her mobility and her ability to appropriately carry out domestic, recreational and social activities. Her husband’s disability was also taken into account in respect to his inability to assist Ms Hill with domestic chores.
The Public Liability Claims Process: Step-by-Step Guide
Making a public liability claim can seem overwhelming, but breaking it down helps:
- Seek Medical Attention: Prioritise your health and obtain medical records.
- Gather Evidence: Take photos, collect witness details, and keep incident reports.
- Notify the Responsible Party: Inform the property owner, business, or council as soon as possible.
- Consult a Lawyer: Get expert advice on your rights and next steps.
- Lodge the Claim: Your lawyer will prepare and submit the claim to the insurer.
- Negotiation or Court Proceedings: Most claims settle out of court, but some may require legal action. In many cases, exploring the benefits of mediation can help resolve disputes efficiently and amicably.
Evidence required at each stage:
- Medical evidence (doctor’s reports, treatment records)
- Photographic evidence (scene, injuries)
- Witness statements
- Expert reports (e.g., safety or engineering assessments)
Proving Liability: What You Need to Know
To succeed in a public liability claim, you must show: serious injuries, personal injury law, domestic assistance
- The responsible party owed you a duty of care.
- They breached that duty by failing to take reasonable precautions.
- Their breach caused your injury or loss.
Evidence that strengthens your claim:
- CCTV footage or photos of the hazard
- Maintenance or cleaning records
- Witness statements
- Medical evidence linking the injury to the incident
Common challenges:
- Disputes over whether the hazard was “obvious” or “unavoidable”
- Lack of clear evidence
- Insurers denying liability
To learn more about how to make a claim, you should talk to an experienced law firm like Burke Mead Lawyers.
Next Steps & How Burke Mead Lawyers Can Help
Public liability claims can be complex, but you don’t have to navigate the process alone. Burke Mead Lawyers can help you understand your eligibility, gather evidence, and pursue the compensation you deserve.
Contact our personal injury lawyers for a free, no-obligation consultation. We’re with you every step of the way—providing expert advice, local knowledge, and compassionate support.
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Key Takeaways
- Property owners, businesses, and organisations have a legal duty to keep others reasonably safe. When they breach this duty of care and someone gets injured, compensation may be available for medical expenses, lost income, and other costs.
- The ALDI case shows that courts recognise customers won't always be perfectly attentive. Ms Young received damages despite being found 10% contributorily negligent for not avoiding the pallet jack, demonstrating that shared responsibility doesn't automatically defeat a claim.
- In the Kmart case, the judge ruled that mountain bikes falling from trolleys posed a foreseeable and significant risk of serious harm, especially given a child was present. This highlights how courts assess both the likelihood and potential severity of injuries.
- Key evidence includes CCTV footage, photos of hazards, witness statements, maintenance records, and medical evidence linking injuries to incidents. Gathering comprehensive documentation immediately after an accident significantly strengthens your claim.
About the Author
Jacob Cavill
Jacob is a personal injury lawyer with experience across complex motor vehicle accident matters, serious workplace injuries, public liability disputes, and superannuation and TPD entitlements. He regularly advises on claims involving psychological injury, historical abuse, and common law negligence.
