Public liability

Public liability claims in Queensland.

Claims for injuries on someone else's premises, in a public space or at an event in Queensland.

Reviewed by Blake Fraser, Principal Lawyer, Fraser Lawyers Last updated 4 May 2026

Most people understand that road accidents produce insurance claims and that workplace injuries produce workers’ compensation claims. Public liability is the category that covers most of what remains.

A person injured on someone else’s premises, in a public space, or at an event, because that party failed to take reasonable care, has a public liability claim. The test is fault-based: duty of care, breach, and causation. The quantum of damages is assessed under the Civil Liability Act 2003 (Qld). The pre-court process runs under Part 1 of the Personal Injuries Proceedings Act 2002 (Qld).

Unlike the CTP scheme or workers’ compensation, there is no common insurer. You serve the person or entity whose negligence caused the injury. Whether they are insured, and what cover they hold, is a separate question. It affects how the claim is administered, not whether it can be made.

Fraser Lawyers acts for individuals injured in these circumstances across Queensland. The principal is Blake Fraser, admitted as a solicitor of the Supreme Court of Queensland in 2013.

Process

When you can make a claim.

The Queensland framework that applies in public liability claims:

Personal Injuries Proceedings Act 2002 (Qld). The pre-court framework for public liability claims. Notices, compulsory conferences and offers all sit under this Act.
Civil Liability Act 2003 (Qld). Rules on duty of care, breach, causation, contributory negligence and damages assessment. Central to every public liability matter. A person partly at fault may still claim, with damages reduced proportionally.
Work Health and Safety Act 2011 (Qld). Where the injury occurred in a workplace context but was not a workers’ compensation matter, WHS duties may be relevant to establishing fault.
Limitation of Actions Act 1974 (Qld). Three-year limitation period for personal injury claims, with limited exceptions.
Civil Proceedings Act 2011 (Qld). The procedural framework if a public liability claim does not resolve at compulsory conference and proceeds to trial.
Legal Profession Act 2007 (Qld). Section 308 requires written costs disclosure before any work begins. Section 347 applies to personal injury work.

Time limits

Deadlines and risks.

A Notice of Claim under Part 1 of the Personal Injuries Proceedings Act 2002 (Qld) must be given as early as practicable. The strict requirement is to give notice within nine months of the injury, or within one month of consulting a lawyer, whichever is earlier.

The general limitation period to commence court proceedings is three years from the date of injury. A missed notice period requires explanation and may affect the progress of the claim.

There is a practical consideration that is distinct to public liability claims: the respondent may be an individual, a small business, or a company that ceases to operate. Serving the claim early preserves the position while the respondent can still be located and while their insurer (if any) can respond. Delay can create problems that have nothing to do with the legal merits.

What we do

How Fraser Lawyers acts in these matters.

We do not make extravagant promises about outcomes. No competent lawyer should.

We identify the correct respondent, confirm whether they are insured and under what cover, and prepare and serve the Notice of Claim under the Personal Injuries Proceedings Act 2002 (Qld). We gather the factual and medical evidence needed to establish duty, breach and causation under the Civil Liability Act 2003 (Qld). We run the pre-court process through to compulsory conference and exchange of offers.

We explain in writing where the file is at each stage, what the insurer has said, and what the realistic range of outcomes looks like at each point. We give you a written costs disclosure before any work begins.

Pathway

The likely path.

Step 1: Initial call

You call or send a short enquiry. We confirm the date and circumstances of the injury, who is likely responsible, and whether the claim falls under the public liability framework or another scheme.

Step 2: Notice of claim

We identify the correct respondent and prepare and serve the Notice of Claim under the Personal Injuries Proceedings Act 2002 (Qld). We confirm what insurance the respondent holds, if it can be established at this stage.

Step 3: Liability investigation

We gather the factual evidence: photographs, incident reports, inspection records, CCTV footage where available, and witness accounts. Public liability claims are fault-based; the evidence to establish duty, breach and causation needs to be assembled early while it is still available.

Step 4: Medical evidence

We coordinate the medical evidence: treating practitioners and specialist reports. The respondent's insurer may also seek an independent medical examination. We manage the process and explain each report.

Step 5: Compulsory conference

The pre-court process under the Personal Injuries Proceedings Act 2002 (Qld) includes a compulsory conference. Most public liability claims resolve at this stage.

Step 6: Resolution or proceedings

If the matter resolves at conference, we advise on the offer and, if appropriate, execute the settlement. If it does not resolve, we advise on whether to issue court proceedings and, if those proceedings are filed, we run them.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

What kinds of injuries can be the subject of a public liability claim?

The framework is broad. Slip and fall on a wet shopping centre floor, trip and fall on a defective footpath, injury at a sporting event or public attraction, dog bite on private property, injury caused by defective equipment: all can be public liability claims, depending on whether someone owed and breached a duty of care to the person who was injured.

Do I have to prove fault?

Yes. Public liability is fault-based. The claim has to establish that the relevant party owed a duty of care, breached that duty, and that the breach caused the injury. The Civil Liability Act 2003 (Qld) sets out how duty and breach are assessed. There is no no-fault option in public liability the way there is in the CTP scheme or in statutory workers’ compensation.

How long do I have to lodge a claim?

A Notice of Claim under Part 1 of the Personal Injuries Proceedings Act 2002 (Qld) should be given as early as practicable. The strict requirement is notice within nine months of the injury, or within one month of consulting a lawyer. The general limitation period to commence court proceedings is three years from the date of injury.

What if I was partly at fault?

A claim can still proceed. Damages are reduced for contributory negligence under the Civil Liability Act 2003 (Qld) by a percentage assessed on the facts. Partial fault does not defeat the claim. We discuss this on the first call.

Will I have to give evidence?

If the claim resolves through the pre-court process, the most common pathway, no formal evidence is given in court. If the claim proceeds to trial, evidence is given in person or by statement, depending on the court and the rules of evidence. Most public liability claims do not reach trial.

Personal injury claims in Queensland run to strict time limits. Some apply within months of the injury or accident, the limits differ by claim type, and a few, such as hit-and-run claims against the Nominal Defendant, cannot be extended.

Talk to Fraser Lawyers about your public liability matter.

An initial call or email is the fastest way to know whether we can help and what the next step looks like. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We answer the phone Monday to Friday, 8:30 to 5:00.

Send a brief Call (07) 5554 6116