Practice > Public Liability

Public Liability

  • Claims for compensation arising out of public liability claims in South Australia must be filed within 3 years of the date of the injury. Seek legal advice.

  • Persons injured on private or public land may be able to claim against the occupier of the land or premises. The occupier need not be the owner of the land, but simply in control of it. Most owners and occupiers of premises are insured against such losses. Seek legal advice.

  • The liability of the owners of premises is limited to situation where they have failed to carry out an obligation to maintain and repair the premises.

  • In deciding whether there has been negligence on the part of the occupier, the Courts will consider the nature and size of the premises, the extent of the danger, how the injured person came to be exposed to the danger, the age of the person, whether the occupier should have known of the danger and that people were coming onto the property, what had been done to reduce or warn of the danger.

  • There is no duty of care to a trespasser, unless their entry to the property was reasonably foreseeable.

  • In many cases public liability claims will depend on the extent of regular inspection and cleaning of floors in shops, supermarkets, and other places into which the public regularly enter. Potential claimants are recommended to seek legal advice.

  • Any potential claimants should seek legal advice as soon as they are aware that they may have a claim.

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