Principal Lawyer and Director · Last updated 7 July 2026
Key Takeaway: If you were injured on public or private property because of an occupier's negligence, you can claim compensation under the Civil Liability Act 2002 (NSW). Typical public liability payouts range from $50,000 to $400,000, and you have 3 years from the accident date to start court proceedings.
Public Liability Claims: Quick Answers
Who can make a public liability claim?+
You can claim if you were physically or mentally injured on public or private property because of the occupier's negligence. The claim is usually made against the occupier's insurer, since many NSW organisations must hold public liability insurance. Withstand Lawyers offers a free claim assessment to confirm your entitlements.
How long does a public liability claim take?+
Most public liability claims resolve within 1-3 years, depending on the circumstances, whether the insurer admits liability and the extent of your injuries. Straightforward matters can settle faster, while disputed liability or serious injuries take longer. Our public liability lawyers keep your claim moving as efficiently as the facts allow.
What does a public liability claim cost me?+
Withstand Lawyers runs public liability claims on a no win, no fee basis, so there are no upfront costs to start your claim. You only pay legal fees if your claim succeeds. With a 99% success rate and over $47 million recovered, we take on the financial risk so you can focus on recovery.
If you were physically or mentally injured in a public or private property because of the occupier's negligence, you are entitled to claim compensation for your losses arising from the injury. You can reach our public liability lawyers for a free claim assessment to know your entitlements.
What is a public liability claim?
You can make a claim against the occupier who may be an owner, a manager, tenants or local authority depending on the situation. In New South Wales, many organisations are legally required to have public liability insurance. You will most likely make your claim against an insurer in case you suffer from an injury at a public or privately-owned place. The occupier's negligence is determined based on three conditions secured in The Civil Liability Act 2002 (NSW).
What does public liability compensation cover?
Loss of past and future earnings
Loss of income while you are on recovery and loss of opportunity for earning money
Medical expenses
Hospital, surgery, rehabilitation, medication and ongoing treatment costs
Domestic assistance
Help with household tasks you can no longer perform due to your injury
Lump sum for pain and suffering
Compensation for physical pain and impact on your quality of life
No Upfront Costs
No Win No Fee
99% Success Rate
Maximum Lump Sum
See How We Help
Our senior public liability lawyers can advise on your rights and entitlements. Contact Withstand Lawyers for more information on what you can claim.
How do I make a public liability compensation claim?
When making a compensation claim for public liability, you should:
1
Identify the responsible party and immediately notify them about the accident. Where possible, make a written notification and hold a copy.
2
Collect as much evidence as possible — photos, videos, witness accounts and medical reports.
3
Document the time, location and details of how the accident happened.
4
Obtain proof of days away from work and documents proving your earnings before the injury.
Most claims are settled through payment by the liability insurer. If a settlement can't be made, court action may be needed.
What are the public liability payout amounts?
If you suffered an injury due to negligence of the owner or operator of a public place, your payout depends on the strength of negligence and the extent of your injuries.
$50,000 - $400,000
Typical public liability payout range
Conditions for a public liability claim
The Civil Liability Act 2002 (NSW) puts forward three main conditions:
1
The risk of injury was not obvious to you
2
The injury happened despite your reasonable precaution
3
You were not engaging in a recreational activity where a warning was given
Public Liability Lawyers FAQs
How long does a public liability claim take?
The timeframe depends on the circumstances, whether the insurer admits liability, and the extent of your injuries. Most public liability claims resolve within 1 to 3 years. You have 3 years from the date of the accident to commence court proceedings, so it is important to seek advice early to protect your entitlements.
What are common types of public liability accidents?
Common public liability accidents include slips and falls on wet surfaces, broken glass injuries, burns from hot food, falling objects, dog bites, trips on uneven walkways, and assaults. These often happen in supermarkets, shopping centres, rental properties, car parks, schoolyards, and sports grounds, where the occupier has a duty to keep visitors safe.
Does public liability cover food poisoning?
Yes. Cafes, restaurants, and catering services can be held liable for food poisoning caused by unsafe food handling or preparation. A public liability claim can be made against their insurer to cover medical expenses, lost income, and pain and suffering, provided you can show the business breached its duty of care.
How much compensation can I get for a public liability claim?
Typical public liability payouts range from $50,000 to $400,000, though the amount depends on the strength of negligence and the extent of your injuries. Compensation can cover loss of past and future earnings, medical and hospital expenses, domestic assistance and a lump sum for pain and suffering.
What must I prove for a public liability claim in NSW?
Under the Civil Liability Act 2002 (NSW), three conditions apply: the risk of injury was not obvious to you, the injury happened despite your reasonable precaution, and you were not engaging in a recreational activity where a warning was given. Meeting these establishes the occupier's negligence.
Who is responsible in a public liability claim?
You can make a claim against the occupier, who may be an owner, manager, tenant or local authority depending on the situation. In New South Wales many organisations must carry public liability insurance, so in most cases your claim is made against the responsible party's insurer rather than the individual.
What can public liability compensation cover?
Public liability compensation can cover loss of past and future earnings, loss of earning opportunity during recovery, medical expenses including hospital, surgery, rehabilitation and medication, ongoing treatment costs, domestic assistance with household tasks you can no longer perform, and a lump sum for pain and suffering and reduced quality of life.
Is there a time limit to make a public liability claim?
Yes. In New South Wales you generally have 3 years from the date of the accident to commence court proceedings for a public liability claim. Because evidence and witness accounts fade over time, it is best to speak with our public liability lawyers as soon as possible after your injury.
Why trust Withstand Lawyers?
Our lawyers specialise in public liability claims and guide you through every stage simply. Our no win no fee policy means you won't be charged if you don't receive compensation. Call 1800 952 898 today.
Why Choose Withstand Lawyers for Your Public Liability Claim?
When you have been seriously injured on someone else's property, you need a team that treats your claim with the care it deserves. Withstand Lawyers has helped injured people across New South Wales recover the compensation they are owed after slips, falls and other public liability accidents. Our public liability lawyers bring decades of combined experience, a proven record of success, and a genuine commitment to getting you the maximum lump sum for your injuries. At Withstand Lawyers we handle the insurer, the paperwork and the negotiations so you can focus on your recovery, and we keep you informed at every step. Over $47 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
No Upfront CostsNo Win No Fee99% Success RateMaximum Lump Sum Payout
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