Public Liability and Slip and Fall Claims in NSW

A fall in a shopping centre, cafe, car park or on a footpath can leave you with serious injuries and unexpected costs. If you are considering a public liability claim in NSW, it helps to understand when compensation may be possible, how the law approaches these cases and why time limits matter. This article is general information only.

What is a public liability claim?

A public liability claim is a claim for compensation after you are injured on someone else's property or because of their activities, where their negligence is said to have caused the injury. Common examples include slip and fall incidents involving wet floors, uneven paths, poor lighting, damaged stairs or hazards left in walkways. Owners, occupiers, shops, councils, strata bodies and businesses can all be defendants, depending on who was responsible for the area.

The legal framework: the Civil Liability Act 2002

In NSW, negligence claims are governed by common law principles as modified by the Civil Liability Act 2002 (NSW). Some key points:

• Breach of duty (section 5B): a person is not negligent unless the risk was foreseeable, the risk was not insignificant, and a reasonable person in their position would have taken precautions. Courts consider the probability and seriousness of harm, the burden of taking precautions and the social value of the activity.
• Causation (section 5D): you must show that the breach caused your loss.
• Contributory negligence (section 5R): compensation can be reduced if the injured person failed to take reasonable care for their own safety.
• Threshold for non-economic loss (section 16): compensation for pain and suffering and loss of enjoyment of life is generally only available where the injury is at least 15 per cent of a most extreme case.

The Act also contains provisions about obvious risks and dangerous recreational activities, which can make some claims harder. These rules are technical, and how they apply depends on the facts.

What do you have to prove?

You generally carry the burden of proving that the occupier owed you a duty of care, breached it, and that the breach caused your injury. Evidence matters. Helpful material may include:

• Photos or video of the hazard and the surrounding area, taken as soon as possible.
• Names and contact details of witnesses.
• An incident report completed at the venue, with a copy kept for yourself.
• Details of what you were wearing and doing, and weather conditions if relevant.
• Medical records and receipts linked to the injury.

What can be claimed?

If a claim succeeds, compensation may include past and future medical expenses, loss of income and earning capacity, and in some cases damages for pain and suffering, subject to the thresholds and caps in the legislation. The amount depends heavily on the injury, its effect on your life and the evidence. No result can be guaranteed.

Time limits: why they are critical

In most cases, court proceedings for a personal injury claim in NSW must be started within three years from the date of the accident under the Limitation Act 1969 (NSW). For injuries that were not immediately apparent, the period may run from when you knew, or ought to have known, that you had an injury caused by someone else's negligence. The law also contains a long-stop period, and courts have power to extend time in some circumstances, but extensions are discretionary and uncertain.

Different rules may apply for children, for people with a legal incapacity, and for claims against government bodies. Some types of personal injury claims also have notice requirements before proceedings begin, so it is wise to confirm the position early. Evidence also fades, as CCTV footage is often overwritten and witnesses forget. Early action can make a real difference to the strength of a claim.

Practical steps after a fall

1. Get medical attention and tell the doctor how the injury happened.
2. Report the incident to the venue and ask for a written record.
3. Photograph the hazard and your injuries.
4. Keep your shoes or clothing if relevant.
5. Do not sign any release or accept payment without advice.
6. Speak to a solicitor about your options and time limits.

Frequently Asked Questions

How long do I have to make a slip and fall claim in NSW?

Generally three years from the date of the accident to start court proceedings, with variations for latent injuries, children and other special cases. Do not wait until the end of that period.

Can I claim if I was partly responsible for the fall?

Possibly. The court can reduce compensation for contributory negligence rather than rejecting the claim entirely, but the effect depends on the facts.

Who pays if my claim succeeds?

Usually the occupier's public liability insurer, although the defendant is the person or organisation responsible for the premises.

Is it worth claiming for a minor injury?

The legislation sets thresholds, particularly for pain and suffering, and costs can be significant relative to a small claim. A solicitor can give you an honest assessment of whether proceeding makes sense.

This article is general information only and is not legal advice. Laws and processes change, and every situation is different. Speak to a lawyer about your circumstances before you act.