Dwyer Law Group
Public Liability lawyers Gold Coast
Dedicated legal support for accident victims, tradies and locals seeking fair compensation and professional guidance every step of the way.
Dwyer Law Group
Public Liability Cases
A public liability claim arises when a person suffers injury or loss because of someone else's negligence – and that negligence occurs in a public space, on private property or at a commercial premises where the occupier has a duty of care. Under Queensland law, businesses, property owners, local councils and other organisations have a legal obligation to take reasonable steps to keep their premises safe. Where that obligation is not met and a person is injured as a result, a public liability claim may be available.
In practice, public liability cases on the Gold Coast can arise from a wide range of circumstances. A customer who slips on a wet floor at a shopping centre in Robina and sustains a knee injury may have grounds for a claim against the retail operator. A tradie working on a Gold Coast construction site who is injured due to unsafe conditions created by another party – not their employer – may also have a public liability claim separate from any WorkCover entitlement. Public areas maintained by local councils, restaurants and cafés, sporting facilities and events are other common settings where these incidents occur.
Each case turns on its own facts. Whether a duty of care existed, whether it was breached and whether that breach directly caused the injury are all matters that need to be assessed based on the specific circumstances. The
Queensland Civil Liability Act 2003 and Personal Injuries Proceedings Act set out the legal framework that governs most public liability claims in this state, including how the standard of care is assessed and what heads of damage may be recoverable.
Dwyer Law Group's public liability lawyers work with Gold Coast clients from the initial assessment of their claim through to resolution, whether by negotiation with insurers or, where necessary, through court proceedings. A free initial case assessment is available – call 07 5538 2766 to discuss your circumstances.
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What Is a Public Liability Claim?
A public liability claim is a legal claim made by a person who has been injured or suffered loss as a result of someone else's negligence — where that negligence occurred in a place or situation where the responsible party owed them a duty of care.
The term "public liability" can be misleading. These claims are not limited to accidents in public spaces. They can arise on private property, commercial premises, construction sites, sporting venues, rental properties and more. What matters is not where the incident occurred, but whether the occupier or responsible party had a duty to take reasonable precautions and failed to do so.
To have a viable public liability claim in Queensland, several elements generally need to be established:
- A duty of care was owed by the responsible party
- That duty was breached — meaning the responsible party failed to take reasonable care
- The breach caused the injury or loss
- The injury or loss is one the law recognises as compensable
Compensation in a successful public liability claim may cover medical expenses, rehabilitation costs, lost income, future treatment needs, pain and suffering, and permanent impairment where applicable. The scope of any claim depends on the individual circumstances and the extent of the injury or loss sustained.
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Who is Liable?
Anyone who caused or contributed to your loss or damage, as well as anyone who owned the property where the accident took place (if they can be proven to have failed in their care of the property) may be legally liable for the accident. If your injury occurred in a workplace, we may refer you to our workers’ compensation services for tailored advice.
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What Are the Time Limits for a Public Liability Claim in QLD?
Time limits apply to public liability claims in Queensland, and missing them can affect a person's ability to pursue compensation. Understanding when the clock starts — and when exceptions may apply — is an important early consideration.
The general limitation period
Under the Limitation of Actions Act 1974 (Qld), the general limitation period for a personal injury claim in Queensland is three years from the date of the injury, or the date on which the injury was first discoverable. In most straightforward cases, this means three years from the date of the incident.
The pre-court procedure
In Queensland, public liability claimants are also required to follow the Personal Injuries Proceedings Act 2002 (Qld) pre-court process before filing a claim in court. This requires a Notice of Claim to be served on the respondent within nine months of the incident, or one month after first consulting a lawyer — whichever is later. Where the notice is not served within this timeframe, leave of the court is required to proceed. These pre-court obligations operate within the broader three-year limitation period.
When the limitation period may differ
Certain circumstances can affect when time begins to run or whether an extension may be available. These include situations involving minors, claimants who were not immediately aware of their injury, or cases involving a person under a legal disability. These situations require specific legal advice.
Why early advice matters
Limitation periods are strict. Once a limitation period has expired, pursuing a claim becomes significantly more difficult and may not be possible at all. Seeking legal advice promptly after an incident helps preserve options, allows evidence to be gathered while it is still available, and ensures that procedural requirements are met within the required timeframes.
Dwyer Law Group offers a free initial case assessment. Call 07 5538 2766 to discuss your situation with a public liability lawyer on the Gold Coast.
Public Liability Claims
Simplifying Claims & Recovery
If you’ve been injured on someone else’s property due to negligence, you may be entitled to compensation. At Dwyer Law Group, our public liability lawyers help Gold Coast locals, including tradies and workers, pursue claims when slips, trips, falls or other accidents occur in public spaces, workplaces or commercial premises.
We guide you through the entire process, from assessing your case and gathering evidence to negotiating with insurers and advocating for you in court if needed. Our team offers a free initial case assessment and works under a No Win, No Fee arrangement for eligible claims, making legal support accessible and stress-free.
With Dwyer Law Group, you can focus on recovery while we fight to ensure your rights are protected and that you receive the compensation you deserve. Call 07 5538 2766 to get started.
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Frequently Asked Questions
How soon should I seek legal advice after an accident?
It’s important to contact a lawyer as soon as possible. Early legal advice ensures evidence is preserved, deadlines are met and your rights are protected. Waiting too long could jeopardise your claim, especially if medical records or witness statements are required to support your case.
Can I claim if the accident happened on private property?
Yes. Public liability law applies to private property if the owner or occupier was negligent. This includes slip and fall accidents, poorly maintained walkways or unsafe areas. A lawyer can assess the circumstances and advise on whether a claim is appropriate.
What compensation can I receive?
Compensation may include medical costs, rehabilitation, lost income, future treatment, pain and suffering and permanent disability support. For tradies and other workers, compensation can also cover reduced earning capacity. A lawyer will assess all aspects of your loss to ensure your claim is comprehensive.
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Public Liability Claim Eligibility
Anyone who has been injured due to someone else’s negligence may be eligible to make a public liability claim. At Dwyer Law Group, we help Gold Coast locals, including tradies, workers and everyday residents, understand whether their accident qualifies for compensation.
You may be eligible if your injury occurred in situations such as:
- Workplace incidents affecting tradies on job sites
- An accident on a playground or schoolyard
- Failure to clean, repair or maintain a location
- Slip and fall accidents in a supermarket or retail outlet
- Plane or boat accidents
- Dog attacks
- Slip & fall accidents on public or private property
Our team offers a free initial case assessment to review your situation and provide honest advice. With our No Win, No Fee policy for eligible claims, we ensure legal support is accessible while protecting your rights and helping you pursue the compensation you deserve.
Hiring a Public Liability Lawyer
How We Can Help
When you hire a public liability lawyer at Dwyer Law Group, you can expect clear guidance and personalised support from the start. It begins with a free initial case assessment, where we listen to your story, evaluate the circumstances of your accident and provide honest advice about your options.
Next, we conduct a thorough investigation, gathering evidence such as witness statements, incident reports and medical records to build a strong claim. We then handle all negotiations with insurers and other parties, removing the stress of dealing with legal and insurance processes yourself.
Finally, we fight for your compensation, whether that involves reaching a fair settlement or representing you in court. Throughout, our focus is on protecting your rights and helping you recover physically, financially and emotionally.
