Many people assume that an injury in a public or shared space is simply bad luck — something to recover from and move on. In reality, Victorian public liability laws exist because property owners and occupiers have a responsibility to take reasonable steps to keep people safe.
If you were injured somewhere you had a lawful right to be, understanding whether that injury could have been prevented is often the first step in understanding your legal options. Importantly, you do not need to be doing anything wrong for a public liability claim to arise.
What Is a Public Liability Claim?
A public liability claim arises when a person is injured due to unsafe conditions on property owned, occupied or controlled by someone else. This could include businesses, councils, landlords, body corporates or private individuals.
In Victoria, those responsible for premises owe a duty of care to take reasonable steps to prevent foreseeable harm. When that duty is breached and someone is injured as a result, compensation may be available.
Public liability claims are a key part of personal injury law, but they are often misunderstood — particularly because responsibility is not always obvious.
Common Situations People Don’t Realise May Involve a Public Liability Claim
Slips, Trips and Falls in Supermarkets or Shopping Centres
Wet floors, spilled products, loose mats, poor lighting or uneven surfaces are common causes of injury. While not every fall leads to a claim, supermarkets and shopping centres are required to have systems in place to identify and manage hazards.
If a risk was not addressed within a reasonable timeframe, liability may arise.
Injuries on Footpaths, Car Parks or Public Spaces
Cracked pavements, potholes, broken steps or poorly maintained car parks can cause serious injuries. In many cases, local councils or asset managers are responsible for inspection and maintenance — though timeframes and responsibilities can be complex.
Early legal advice can help determine who was responsible at the time of the injury.
Accidents in Rental Properties or Common Areas
Injuries in stairwells, driveways, shared entrances or poorly maintained rental properties may involve landlords or body corporates. This is particularly relevant where hazards were known, reported or reasonably foreseeable.
Injuries at Events, Venues or Hospitality Locations
Temporary structures, unsafe seating, crowd control issues or inadequate lighting at events and venues can lead to injuries. Responsibility may lie with venue operators, event organisers or contractors.
Injuries in Private Homes Where Hazards Were Known
Visitors, tradespeople and contractors can sometimes make claims where injuries occur due to known hazards. These claims are typically managed through insurance and do not necessarily involve action against an individual personally.
What Needs to Be Shown in a Public Liability Claim?
While every case is different, public liability claims generally involve showing that:
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A duty of care existed
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That duty was breached due to unsafe conditions
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The breach caused the injury
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The injury resulted in loss or damage
Evidence can include photographs, incident reports, medical records and witness accounts — many of which can still be gathered after the incident. Seeking advice early helps ensure important information is not lost.
Time Limits in Victoria and Why Early Advice Matters
Most public liability claims in Victoria must be commenced within three years of the date of injury, though exceptions may apply. Delays can make it harder to establish responsibility, locate witnesses or obtain records.
Importantly, getting advice early does not mean committing to a claim. It allows you to understand your rights and options as your recovery progresses.
For more information about limitation periods, see:
👉 https://www.legislation.vic.gov.au/in-force/acts/limitation-actions-act-1958/107
What Compensation May Cover
Depending on the circumstances, compensation may include:
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Medical and rehabilitation expenses
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Loss of income and future earning capacity
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Pain and suffering (where thresholds are met)
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Ongoing care or support needs
An experienced personal injury lawyer can help assess what may be available in your situation.
How Ryan Carlisle Thomas Can Help
At Ryan Carlisle Thomas, we take the time to understand how an injury has affected your day-to-day life — not just the incident itself.
We offer:
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Free initial consultations
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No win, no fee
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Clear, practical advice
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Experience across public liability, personal injury and related claims
Our role is to help you understand your options so you can make informed decisions with confidence.
Frequently Asked Questions
What if I was partly at fault?
You may still be able to claim. Contributory negligence does not automatically prevent compensation.
Do I need photos or witnesses?
Helpful, but not essential. Evidence can often be obtained after the event.
Will I have to go to court?
Most public liability claims resolve without a court hearing.
What if the property owner denies responsibility?
Disputes are common. Legal advice helps assess whether responsibility can still be established.
Understanding Your Options
Not every injury leads to a claim, but many people rule themselves out too early. Understanding your rights early allows you to focus on recovery while knowing where you stand.
If you have been injured in a public or shared space and are unsure what your next step should be, speaking with an experienced lawyer can help you gain clarity before making any decisions.
