Public Liability Lawyer Liverpool

A public liability claim is how you get compensation when you're injured on someone else's property because they didn't keep it safe. It's different from a car accident claim (which goes through CTP insurance) or a workplace injury (which goes through workers compensation). Public liability covers everything else.

The basics are straightforward. If you were lawfully on someone's property and got hurt because the owner or occupier was negligent, you can claim. That applies to shopping centres, restaurants, footpaths, parks, private homes, gyms, and any other place where someone owes you a duty of care.

To succeed, you need to show four things:

1. The property owner owed you a duty of care. If you were a customer, guest, or member of the public, they did.
2. They breached that duty. They failed to keep the premises safe, failed to fix a known hazard, or failed to warn you about it.
3. The breach caused your injury. You slipped on the wet floor they didn't clean, not on something you spilled yourself.
4. You suffered real loss. Medical costs, lost income, pain, or reduced quality of life.

Common public liability claims in Liverpool include:

• Slipping on wet floors in shops or restaurants.
• Tripping on broken footpaths or uneven surfaces.
• Falling on poorly maintained stairs.
• Injuries from falling objects or structural defects.
• Dog bites on someone else's property.
• Injuries at sporting venues or playgrounds.

These claims are governed by the Civil Liability Act 2002 (NSW). Call us on 1300 011 149 for a free assessment of your situation.

Public liability compensation depends on how badly you're hurt, how long recovery takes, and how the injury affects your income and daily life. There's no fixed payout table like workers compensation. Every claim is assessed on its own facts.

Here's what typical ranges look like:

• Minor injuries like sprains, bruises, and soft tissue damage: $10,000 to $30,000.
• Moderate injuries like broken bones, torn ligaments, and concussions: $40,000 to $120,000.
• Serious injuries like complex fractures, spinal damage, and lasting head injuries: $150,000 to $300,000+.
• Catastrophic injuries like permanent disability and brain damage: $500,000+.

What your payout covers:

Money you've lost or will lose:

• Medical and rehab costs (surgery, hospital stays, physio, meds).
• Lost wages for time off work.
• Future lost income if you can't go back to your old job.
• Care costs (home help, nursing, daily tasks you can't do).

Pain and suffering:

The Civil Liability Act 2002 sets a bar: your injury must be bad enough to qualify. Small injuries that heal fast may not meet it. But broken bones, ongoing pain, scarring, and lasting harm usually do. Awards range from $15,000 to $150,000+ based on how severe the injury is.

Factors that affect your payout:

• Your age (younger people get larger future loss awards).
• Your income and career.
• How long the injury takes to heal.
• Whether there's permanent impairment.

We provide free compensation estimates after reviewing your medical evidence and the details of your accident.

No Win No Fee means exactly what it says: if we don't win your claim, you don't pay us. It removes the financial risk of pursuing compensation.

Here's how it works in practice:

1. You pay nothing upfront. We cover all costs while your claim runs, including legal fees, medical reports, engineering reports, investigation costs, and court filing fees.
2. If we lose, you owe us nothing. We absorb every cost. That's our risk.
3. If we win, our fee comes from your compensation. Typically 25% to 33%, agreed in writing before we start. No surprises.
4. We arrange insurance to protect you against the other side's costs if needed. This is included at no extra charge.

Why this matters for public liability claims:

Public liability cases often need expert evidence, including engineers to assess structural defects, maintenance specialists to review cleaning protocols, and medical experts to document your injuries. These reports cost thousands. Without No Win No Fee, most people with valid claims simply couldn't afford to pursue them.

What it means for you:

• You're not choosing between paying bills and getting justice.
• Our interests are completely aligned. We only get paid when you do.
• We only take cases we believe we can win, so acceptance itself is a positive sign.

Call us on 1300 011 149 for a free consultation. We'll tell you honestly whether your case has merit and explain exactly how fees work for your situation.

You have three years from the date of your injury to start legal proceedings under the Limitation Act 1969 (NSW). Miss that deadline and you'll almost certainly lose your right to claim, no matter how strong your case is.

But the three-year limit isn't a reason to wait. Here's why acting early matters:

Evidence disappears fast:

• CCTV footage from shops and shopping centres is typically overwritten within 30 days.
• Hazards get repaired or cleaned up, destroying proof of what caused your injury.
• Witnesses forget details and become harder to track down.
• Staff who saw the incident may leave the business.

The insurer uses delays against you:

Property owners must notify their insurer promptly about incidents. If you wait months or years, the insurer will argue the delay prejudiced their ability to investigate. That weakens your negotiating position.

Early action protects you:

• We can request CCTV before it's deleted.
• We can photograph the hazard before it's fixed.
• We can get witness statements while memories are fresh.
• We can start medical evidence gathering while treatment is ongoing.

Practical advice: Contact a public liability lawyer within weeks of your injury, not months or years. Even if you're not sure you have a claim, a free consultation with our team will clarify your rights and the timeline.

The three-year deadline is the last possible moment, not the right time to start.

You can still claim. Being partly at fault reduces your payout but doesn't wipe it out.

NSW law uses "contributory negligence" under the Civil Liability Act 2002. A court looks at what both sides did wrong and splits the blame by percentage. Your compensation is reduced by your share of fault.

Simple example:

Your claim is worth $80,000, but you're found 25% at fault. You'd receive $60,000.

Arguments property owners commonly raise:

• You weren't watching where you were walking.
• You were wearing inappropriate shoes (high heels on a wet surface, for example).
• You were running or moving too fast.
• You ignored a "wet floor" sign or other warning.
• You were distracted by your phone.
• You voluntarily took an obvious risk.

How we respond to these arguments:

Just because you were distracted doesn't mean the shop can leave a hazard unfixed. Reasonable people look at their phones. They wear heels. They sometimes rush. Property owners must still maintain safe premises for how people actually behave, not how they ideally should.

In most cases, even when you share some blame, the property owner's failure is the bigger factor. A shop that leaves a spill on the floor for 30 minutes without cleaning it or putting up a sign is far more negligent than a customer who didn't see it.

We argue for minimal fault on your side, or contest it entirely. Call us to discuss the details of your accident.

The more evidence you collect early, the stronger your claim. Here's what matters most and what to prioritise.

Collect straight away (before evidence disappears):

• Photos of the hazard. The wet floor, broken stair, cracked footpath, or whatever caused your injury. This is the single most important piece of evidence.
• Photos of the area. Lighting conditions, warning signs (or lack of them), and the surrounding environment.
• Your injuries. Photograph them at the scene and continue throughout your recovery.
• Witness details. Names and phone numbers of anyone who saw what happened.
• Incident report. Ask the business or property owner to file one. Get a copy if you can.

We'll help collect these:

• CCTV footage from the premises (usually deleted within 30 days).
• The property's maintenance logs, cleaning schedules, and inspection records.
• Previous incident reports or complaints about the same hazard.
• Medical records from your doctors, hospital, and specialists.
• Wage records and tax returns proving lost income.
• Expert reports (engineers for structural issues, safety specialists for maintenance standards).

What makes the biggest difference:

Photos of the hazard taken on the day carry enormous weight. If a court can see the broken stair or the puddle on the floor, it's very hard for the property owner to deny the problem existed. CCTV showing how long the hazard was there before you were injured proves the owner had time to fix it and didn't.

Don't worry if you couldn't collect everything at the time. Contact us early and we'll handle the formal evidence gathering.

Yes, you can claim against Liverpool City Council or any NSW council for injuries on public land. But council claims are harder than claims against shops or businesses because councils get extra legal shields.

What councils must do:

Councils must keep footpaths, parks, playgrounds, and public spaces safe. They must check them often, fix problems fast, and warn of known dangers. Common examples of council failure include: cracked or uneven footpaths, potholes, poorly kept playgrounds, falling tree branches, and flooding from blocked drains.

What makes council claims harder:

The Civil Liability Act 2002 (Section 43A) gives councils a special defence for "obvious dangers." If the hazard was something a normal person would have spotted and avoided, the council may not be liable.

For example:

• A big pothole in broad daylight might count as an "obvious danger."
• The same pothole hidden by leaves, bad lighting, or standing water is not obvious. The council is liable.

Councils also get a defence for natural hazards like falling tree branches, as long as they had a proper checking program in place.

How we get past these defences:

We dig into the council's upkeep records, checking logs, and complaint history. If other people reported the same hazard before your injury, that proves the council knew about it. If their checking schedule was lacking, that shows fault no matter what they say about "obvious dangers."

We often bring in engineers or safety experts to give evidence on whether the site met proper upkeep standards.

Council claims take longer than business claims, but we've taken on Liverpool City Council before and know how their defences work.

Yes. Businesses that invite the public onto their premises owe a high duty of care. If you're injured because they didn't meet that standard, you can claim.

Why business claims are strong:

Courts recognise that businesses profit from people visiting their premises. In return, they must keep those premises reasonably safe. A shopping centre, restaurant, or retail store can't invite you in and then ignore hazards.

Common business premises claims:

• Slipping on a wet or greasy floor.
• Tripping on damaged flooring, loose cables, or rugs.
• Falling on broken stairs or escalators.
• Injuries from falling merchandise or fixtures.
• Inadequate security leading to assault.
• Burns from spilled food or drink at restaurants.

What you need to prove:

The business either knew about the hazard and didn't fix it, or should have found it through reasonable inspection. For example, if a customer spilled a drink in a supermarket aisle 20 minutes ago and no one cleaned it up, the store is liable. A "reasonable" store has staff checking aisles regularly and cleaning spills quickly.

Business defences and how we counter them:

Businesses argue they didn't know about the hazard. We investigate their cleaning logs, staffing rosters, and inspection protocols. If the business has no system for regular checks, that itself is negligent.

Insurance makes these claims viable:

Most businesses carry public liability insurance. The claim goes to their insurer, not the business owner personally. This means even small businesses can pay out legitimate claims.

We'll identify the responsible insurer and negotiate directly with them on your behalf.

"We didn't know about it" is the most common defence in public liability claims. But it rarely works if we can show they should have known.

NSW law draws a clear line between two types of knowledge:

Actual knowledge: The owner knew about the hazard. A staff member saw the spill. A customer complained about the broken step. A maintenance report flagged the issue. If we can show they actually knew, the defence fails completely.

Constructive knowledge: The owner didn't know, but should have known through reasonable care. This is where most claims are won.

How we prove constructive knowledge:

• How long was the hazard there? A wet floor in a busy shop should be found within minutes through regular floor checks. A broken tile should be found within days through routine inspection. The longer the hazard existed without action, the stronger the evidence of negligence.
• Was there a system for checking? If the business had no cleaning schedule, no inspection log, and no assigned staff checking for hazards, they've failed the basic standard.
• Would a reasonable owner have found it? A reasonable shop owner walks their floor regularly. A reasonable council inspects footpaths on a schedule. If the owner fell below this standard, they're liable.

We investigate:

• Cleaning rosters and inspection logs.
• Staffing levels and responsibilities.
• Previous complaints about the same hazard.
• CCTV showing how long the hazard was there before your injury.

Even without perfect evidence, patterns of neglect tell a clear story. If a business has no maintenance system at all, that's negligence on its own.

Yes, but claims against homeowners are harder than claims against businesses. The Civil Liability Act 2002 gives homeowners extra protections that commercial properties don't get.

When you can claim:

If your friend knew about a hazard (or should have known) and didn't warn you or fix it, you have a claim. Examples:

• A broken staircase railing your friend knew was loose.
• A wet bathroom floor with no light and no warning.
• A backyard hazard like an unfenced pool or broken decking.
• A known aggressive dog that wasn't restrained.

When the defence is likely to succeed:

Homeowners aren't liable for "obvious dangers" or risks you voluntarily accepted. If you tripped on a slightly uneven step in good lighting, that might be considered obvious. If you got hurt doing something risky that you chose to do (like jumping on a trampoline), the homeowner can argue you assumed the risk.

The relationship concern:

Many people worry about claiming against a friend. Here's what actually happens: the claim goes against your friend's home insurance, not against them personally. Most home and contents policies include public liability cover. Your friend won't be paying out of pocket.

We'll check whether your friend has insurance before recommending you proceed. If they do, the insurer handles the claim. If they don't, we'll discuss the options honestly.

What you need to show:

• The hazard wasn't obvious to a reasonable visitor.
• Your friend knew about it (or should have through basic upkeep).
• They didn't warn you or fix it.
• It directly caused your injury.

Call us for a free assessment. We'll give you an honest view on whether the claim is worth pursuing.

Yes. Dog bite claims are some of the strongest public liability cases because NSW has a strict liability law that makes them easier to prove than most other claims.

Two pathways to claim:

1. Strict liability under the Companion Animals Act 1998 (NSW):

This is the strongest option. The dog owner is liable for any injury their dog causes, full stop. You don't need to prove the owner was negligent or that the dog had a history of aggression. You just need to show: the dog attacked you, you didn't provoke it, and you were injured.

2. Public liability (premises negligence):

If the attack happened on someone else's property, you can also claim against the property owner for failing to contain or warn about a dangerous dog. For example, a shop owner who keeps an aggressive dog on premises without a sign, barrier, or leash.

We usually pursue both pathways at the same time to get the best result.

Common defences and how we handle them:

• "You provoked the dog." We gather evidence showing you didn't. Witness statements and CCTV are key.
• "You were trespassing." Only applies if you were unlawfully on the property.
• "Warning signs were up." Signs don't eliminate liability under strict liability, though they may reduce it.

What compensation covers:

• Medical treatment (stitches, surgery, antibiotics, infection treatment).
• Scarring and cosmetic procedures.
• Psychological injury (PTSD, anxiety, fear of dogs).
• Lost income.
• Pain and suffering.

Dog bites that cause permanent scarring or psychological trauma can result in significant payouts. Contact us promptly after an attack.

You can claim for injuries at sporting venues and gyms, but these claims have a specific defence you need to know about: assumption of risk.

The rule is simple:

You accept certain risks just by being there. If you're hit by a cricket ball while watching a match, that's a risk you accepted by attending. If you pull a muscle while lifting weights, that's a risk you accepted by exercising.

But the venue must still keep the place safe.

Assumption of risk only covers dangers that are part of the sport or activity. It doesn't protect venues from negligence. You can claim for:

As a spectator:

• Falling due to broken stairs, uneven seating, or poor maintenance.
• Injuries from inadequate safety barriers.
• Crush injuries from poor crowd management.
• Assaults from inadequate security.
• Slipping on wet or dirty floors.

As a participant:

• Injuries from faulty or poorly maintained equipment.
• Unsafe playing surfaces or facilities.
• Inadequate supervision or coaching.
• Failure to warn about known equipment problems.

The key test:

Was the risk one that's part of the sport, or was it caused by the venue's negligence? Straining a hamstring while running is a sports risk. Falling through a rotten gym floor is negligence.

Evidence for these claims:

• Photos of the hazard or faulty equipment.
• Incident reports filed with the venue.
• Witness statements.
• Maintenance and inspection records.
• Equipment service logs.

Gyms and sporting venues carry public liability insurance. We'll identify the insurer and negotiate your claim.

A business closing down or not having insurance doesn't kill your claim. It makes it harder, but you still have options.

If the business has closed:

• The business entity may still exist legally, even if the shopfront is gone. We can pursue a claim against the entity.
• If it was a sole trader, the owner is personally liable.
• The business may have had insurance at the time of your injury, even if it doesn't now. We search for policies that were active on the date of the incident.

If the business was uninsured:

• We pursue the business or owner directly. If they have assets (property, vehicles, bank accounts), we can enforce a court judgment against them.
• Many businesses that claim to be "uninsured" actually have cover they haven't disclosed. We conduct insurance searches to find hidden policies.

If the business has no assets and no insurance:

This is the hardest situation. Recovery may be limited if there's genuinely nothing to claim against. We'll be upfront with you about the realistic prospects.

Council property is different:

If you were injured on council land, the council's insurance always covers the claim. Councils are required to hold insurance or maintain sufficient reserves. Council closure is not a concern.

What we do:

We investigate the business structure, search for insurance policies, and identify any parties who might share liability (landlords, property managers, parent companies). There's often more to find than what's obvious.

Contact us for an honest assessment. We'll tell you straight whether recovery is realistic in your situation.

Most public liability claims settle within 6 to 18 months. Some resolve faster. Complex cases can take longer.

Here's what a typical timeline looks like:

• Weeks 1 to 4: Contact us, report the incident to the property owner, see your doctor. We'll send a letter of claim to the property owner and their insurer.
• Months 1 to 6: You focus on treatment and recovery. We gather evidence (CCTV, maintenance records, witness statements), obtain medical records, and build your case.
• Months 6 to 12: Once your injuries stabilise, we get specialist medical reports that put a value on your claim. We present it to the insurer and start negotiations.
• Months 12 to 18: Most claims settle through negotiation at this stage. If the insurer won't make a fair offer, we file court proceedings.

What can slow things down:

• Injuries that take over 12 months to stabilise (we need to wait before valuing them).
• Disputed liability (the property owner denies fault).
• Council claims (extra defences and slower bureaucratic processes).
• Multiple responsible parties (driver plus shopping centre, for example).
• Insurers making lowball offers we can't responsibly accept.

What can speed things up:

• Clear photographic evidence of the hazard.
• CCTV footage showing what happened.
• Incident reports filed on the day.
• Straightforward injuries with clear medical evidence.

We keep you updated throughout. You'll always know where your claim stands and what's happening next.

What you do in the first few hours and days after your injury can make or break your claim. Here's the checklist, in order.

At the scene:

1. Get medical help. If it's serious, call 000. Even for injuries that seem minor, see a doctor the same day. Some injuries don't show up straight away.
2. Report it to the property owner or manager. Ask them to file an incident report. Get a copy or at least note the name of who you spoke to and what time you reported it.
3. Take photos. The hazard itself, the surrounding area, lighting conditions, any warning signs (or lack of them), and your injuries. This is the most important thing you can do at the scene.
4. Get witness details. Names and phone numbers of anyone who saw what happened.
5. Don't accept blame. Don't say "I wasn't watching" or "it was my fault." Just report what happened.

In the days after:

1. See your doctor. Get every injury documented, even ones that feel minor. Medical records from the first few days carry the most weight in court.
2. Keep everything. Receipts for medical costs, transport, medications, and any expenses related to your injury. Start a diary noting pain levels, sleep, and things you can't do.
3. Don't sign anything the property owner or their insurer sends you without speaking to a lawyer first.

Contact us early. We can request CCTV footage before it's deleted (usually within 30 days), preserve witness evidence, and send a formal letter of claim to the property owner.

Call 1300 011 149 for a free consultation.