A wet supermarket aisle with no warning cone. A council footpath left broken for months. A stair rail a landlord was told about twice. Situations like these are where public liability claims in Victoria begin, and each raises the same question: did the person responsible for that space take reasonable care to keep it safe. That question is where a claim starts, and it has a legal answer rather than an obvious one.
This article explains what a public liability claim is, where public liability claims arise in Victoria, who can make one, what compensation can cover, and the first steps to take.
In short: A public liability claim is a claim for compensation against the person or organisation responsible for a space where you were injured, where the injury was caused by their failure to take reasonable care. In Victoria, anyone injured in a public or private space because the occupier failed to keep it reasonably safe may be able to claim, and compensation can cover medical expenses, lost income, and pain and suffering.
What is a public liability claim?
Public liability is the area of law that deals with injuries caused by someone else’s failure to take reasonable care. The people and organisations who occupy or control a space, a supermarket, a landlord, a council, a homeowner, owe a duty of care to the people who use it. When that duty is breached and someone is injured as a result, the injured person may be able to bring a claim.
In Victoria, public liability claims are governed by the Wrongs Act and the general law of negligence. In practice, three things sit at the heart of every claim: a duty of care existed, it was breached, and the breach caused the injury.
Where public liability claims arise
Public liability claim examples span almost every kind of space people move through in daily life. The most common places we see are:
- Shopping centres and supermarkets. Slips on wet or uneven flooring, falling stock, trolley areas.
- Parks and public spaces. Poorly maintained paths, playground equipment, hazards left unaddressed.
- Rental properties. Injuries caused by defects a landlord or agent failed to repair.
- Private premises. An unsafe balcony, stairway or surface at someone’s home or business.
What these situations share is not the location. It is that someone responsible for the space failed to keep it reasonably safe.
Who can make a public liability claim in Victoria?
Eligibility does not depend on who you are. It depends on what happened. Broadly, you may be able to make a claim if:
- You were injured in a public or private space in Victoria
- The person or organisation responsible for that space failed to take reasonable care
- That failure caused your injury, and
- The injury has had real consequences, such as medical treatment, time off work or ongoing restriction
Customers, visitors, tenants and guests can all be eligible. You do not need to have been somewhere official or commercial. What matters is that a duty of care existed and was breached.
Some examples make the shape of it clearer. A shopper who slips on an unmarked wet floor. A tenant injured on a staircase the landlord knew was unsafe. A child hurt on poorly maintained playground equipment. A guest who falls through a defective balcony at a private home. In each case the question is the same: did the person responsible for the space take reasonable care?
Proving negligence in a public liability claim
Every public liability claim stands on three elements, and it helps to understand them early.
A duty of care existed. Occupiers, owners and operators owe a duty to the people who use their spaces. In most of the situations described above, the duty is not seriously in question.
The duty was breached. This is where most claims are contested. The question is whether the person responsible did what a reasonable person in their position would have done. Did they inspect? Did they fix hazards within a reasonable time? Did they warn? A supermarket that has no system for finding and cleaning spills is in a very different position from one that does.
The breach caused the injury. There must be a causal connection between the failure and the harm. Medical evidence usually carries this element, which is another reason the early medical records matter.
Evidence is what turns these elements from argument into proof: photographs of the hazard, the incident report, witness accounts, maintenance and cleaning records obtained during the claim, and your treating doctors’ records. You do not need to have all of this in hand before seeking advice. Part of a lawyer’s job is knowing what to request, from whom, and when.
What compensation can cover
Public liability compensation claims can cover more than most people expect. Depending on the circumstances, compensation can include medical and rehabilitation expenses, income lost while you could not work, and pain and suffering where the injury meets the threshold set by the legislation. Every claim turns on its own facts, which is why the assessment starts with your circumstances rather than a formula.
What affects the amount is not a mystery, even though no figure can be promised. The severity and permanence of the injury, the strength of the evidence on breach and causation, the effect on your capacity to work, and the treatment you are likely to need in the future all shape the assessment. Two people injured in the same place can have very different claims.
How to make a public liability claim
The public liability claim process starts well before any paperwork. If you have been injured, the early steps matter most:
- Get medical attention first. Your health leads, and the records also become evidence.
- Report the incident. To the centre management, the council, the landlord or the occupier, and ask for a copy of the report.
- Keep evidence. Photos of the hazard, names of witnesses, receipts for expenses.
- Speak directly to a lawyer. The earlier the advice, the more options stay open.
From there, a lawyer can assess whether a duty of care was breached, gather the evidence, and manage the claim with the insurer on your behalf. Here is what happens next in most matters: investigation, a formal claim, negotiation, and in a small number of cases, court proceedings. Most public liability claims resolve without a courtroom.
What to watch out for
Not reporting the incident. An unreported injury is harder to prove months later. Report it, even if you feel fine at the time.
Waiting too long. Strict time limits apply to public liability claims in Victoria. The sooner you get advice, the better placed you are.
Assuming it was your own fault. Many people write off a genuine claim out of embarrassment. Whether a space was reasonably safe is a legal question, not a feeling.
Dealing with the insurer alone. Insurers assess claims commercially. You are entitled to advice before you accept anything.
Where to from here
If you have been injured in a public place, you do not need the largest firm. You need one that takes your matter seriously, explains it plainly, and puts you in front of experienced public liability claim lawyers rather than a call centre. That is how we work.
Call 1300 FEARLESS (1300 332 753) or visit nationalcompensationlawyers.com.au to speak directly to our public liability team. The first conversation is free. No win, no fee.*
Prefer to start online? Request a free claim check at nationalcompensationlawyers.com.au/free-claim-check and tell us what happened.
*Conditions apply.
Frequently asked questions
What is a public liability claim? Public liability claims are claims for compensation brought by people injured because a person or organisation responsible for a space failed to take reasonable care. It covers injuries in shopping centres, parks, rental properties and private premises across Victoria.
How do I prove negligence in a public liability claim? You need to show that a duty of care existed, that it was breached, and that the breach caused your injury. Evidence of the hazard, the occupier’s knowledge of it, and your injuries is what carries the claim.
What evidence do I need for a public liability claim? Photos of the hazard and the location, an incident report, witness details, medical records and receipts for your expenses. If you do not have all of these, do not let that stop you seeking advice. Evidence can often be gathered later.
What compensation can I claim in a public liability claim? With a common law claim, damages can be claimed for pain and suffering and economic loss. Depending on your circumstances, that can include medical expenses, lost income and the ongoing effects of the injury.
How much is the average public liability payout in Victoria? There is no reliable average, and any single figure can be misleading. Compensation depends on the injury, the evidence and the circumstances of the claim. A lawyer can give you a realistic view of your own matter, which is worth more than any average.
How do I make a public liability claim? Get medical attention, report the incident, keep your evidence, and get legal advice early. From there, your lawyer manages the claim, including all dealings with the insurer.
Michael Tanner is the Managing Principal and founder of National Compensation Lawyers. He practises across personal injury law in Victoria, with a particular focus on public liability and WorkCover, and is recognised in the Doyles Guide 2025 for both. He founded NCL to give clients a personalised alternative to high-volume personal injury practice. To speak directly to Michael’s team, call 1300 FEARLESS (1300 332 753) or visit nationalcompensationlawyers.com.au.