If you have been injured on someone else’s property, whether at a supermarket, on a footpath, or in a private home, you may be entitled to claim compensation under Victoria’s public liability laws. Accidents in public or shared spaces can happen suddenly, and it is not always clear what to do next.
Knowing your rights and taking the right steps early can make a big difference to your recovery and the outcome of your claim. This guide explains what to do after an injury in a public or private place, how to identify who is responsible, and when to seek legal advice.
Seek Medical Help and Record What Happened
Your health and safety should always come first. If you have been injured, see a doctor as soon as possible, even if your injuries seem minor. Medical treatment ensures your wellbeing and creates a record of your injuries, which will be important if you decide to make a claim later.
Once your immediate medical needs are taken care of, try to record what happened. Make a note of the time, date, and location of the incident, and describe how it occurred. If possible, take photographs of the hazard or area that caused your injury and keep any evidence, such as torn clothing or damaged shoes.
If the accident happened at a business, public venue, or park, report it to the person in charge, such as the store manager or council. This helps create an official record that the property owner or occupier was notified about the incident.
Identify Who Is Responsible for the Injury
To make a public liability claim in Victoria, you will need to establish who was responsible for keeping the area safe. This might include the business or organisation that manages the premises, the local council that maintains the area, or the owner of the private property where the injury occurred.
Under the Wrongs Act 1958 (Vic), property owners and occupiers have a legal duty to take reasonable care to prevent harm to visitors. If they fail to maintain safe conditions and someone is injured as a result, they may be found negligent.
Determining liability can sometimes be complex. For example, a fall on a damaged footpath could involve both a local council and a contractor. Getting legal advice early can help identify who is at fault and ensure your claim is directed at the correct party.
Understand Your Rights and Time Limits in Victoria
Public liability claims in Victoria are generally subject to a three-year time limit from the date of injury. In certain circumstances, such as when the injured person is a child or has a disability, the period may extend to six years. These time limits come from the Limitation of Actions Act 1958 (Vic), and failing to act within them can prevent a claim from proceeding.
It is important to seek advice as soon as possible, as evidence can become harder to obtain over time. Acting early helps your lawyer collect the documents, witness statements and medical reports needed to support your claim.
What You Can Claim in a Public Liability Case
If your claim is successful, compensation may cover a range of losses. This includes medical and rehabilitation expenses, lost income if you are unable to work, and costs associated with future treatment or care. You may also be entitled to claim for pain and suffering, provided your injury meets the “significant injury” threshold defined by the Wrongs Act.
The amount of compensation depends on factors such as the severity of your injuries, the impact on your life, and the degree of fault involved. A lawyer can help assess your entitlements and ensure you are fairly compensated.
Why You Should Get Legal Advice Early
Public liability law can be complex, and proving negligence requires strong evidence. A lawyer experienced in this area can help you understand your rights, gather medical and factual evidence, and negotiate with insurers on your behalf.
Getting advice early can make the process smoother and improve your chances of a successful outcome. A lawyer can also help ensure your claim is filed within the correct time limits and that no detail is overlooked.
Next Steps
If you have been injured in a public or private place and believe the accident happened because someone failed to take reasonable care, it is important to get advice early. A lawyer can help you understand your options and guide you through the claims process.
You do not have to navigate this alone. Speaking to a personal injury lawyer can give you clarity, confidence, and the best chance at a fair result.
