Injured in a Public Place? What You Need to Know About Public Liability Claims in South Australia
It’s a common misconception that if you’ve suffered an injury in a public place like a shopping centre, supermarket, or park you are automatically entitled to compensation.
In South Australia, the law requires more than just proof of injury. To succeed in a public liability claim, you must show that your injury was caused by someone else’s negligence and that you have actually suffered a loss as a result.
An Injury Alone Is Not Enough
Being injured in a public place does not automatically entitle you to a payout. While the injury may be painful and disruptive, the legal test for a successful claim involves more than just the injury itself.
To make a successful public liability claim, you must establish:
- Negligence: You must prove that the person or company responsible for the location breached their duty of care. This might involve failing to clean up a spill, not repairing a hazard, or neglecting to warn of a danger.
- Loss: You must also show that you’ve suffered a recognisable loss. This could include lost wages, medical expenses, pain and suffering, or ongoing care needs.
To sum it up: no negligence, no loss, no claim.
Proving Negligence: Who’s at Fault?
Negligence is not about the fact that an injury occurred… it’s about why it occurred and who was responsible. For example, if you slipped on a wet floor at a supermarket, you would need to prove that the store failed to take reasonable steps to prevent that risk. Was there a warning sign? How long had the spill been there? Were proper cleaning protocols followed? These are the kinds of questions that courts and insurers will ask.
Contributory Negligence: When You Are Partly at Fault
Another important concept in public liability law is contributory negligence. This means that if your own actions contributed to the injury, your compensation may be reduced or in some cases, denied entirely.
For instance, if you were looking at your phone and failed to notice a clear warning sign, a court might find that you were partially responsible for the accident. The court would then reduce your compensation by a percentage that reflects your share of the blame, sometimes as much as 50% or more.
Even if someone else was mostly at fault, your own conduct may impact how much compensation you ultimately receive.
You Must Show You Have Suffered a Loss
It’s also not enough to say you were hurt – you must show that the injury has had a real impact on your life. This might include:
- Medical expenses (past or future)
- Loss of income or reduced earning capacity
- Pain and suffering
- Need for domestic assistance or rehabilitation
If you have suffered only a minor injury that did not affect your ability to work or did not require treatment, it’s unlikely you’ll be awarded compensation, even if negligence is proven.
What to Do If You Have Been Injured
If you have suffered an injury in a public place and believe someone else was at fault, you should:
- Seek medical attention immediately
- Report the incident to the person or business in control of the premises
- Take photos of the scene and gather witness contact details, if possible
- Keep records of any medical costs, income loss, or related expenses
- Speak to a lawyer. They can help you assess whether your claim is likely to succeed
Final Thoughts: Don’t Assume, Ask a Lawyer
Sustaining an injury in public can be upsetting and disruptive, but not every injury leads to a successful legal claim. The law in South Australia requires clear proof of negligence and loss. In some cases, even if there was a hazard, a court may find that you should have taken more care reducing or even eliminating your entitlement to compensation.
That’s why it’s important to get legal advice early. We can help you understand your rights, assess your prospects of success, and guide you through the process.
If your injury has caused real financial or physical hardship, don’t assume you’re not entitled, get advice.
Get in Touch
Tindall Gask Bentley has a dedicated Personal Injury Law team highly experienced at assisting people to navigate Public Liability claims. We work hard to fight in your corner and protect your rights. Contact us if you have been injured in a public place and want to understand if you are entitled to compensation.
Call us – (08) 8212 1077
Email Denise – dabfalter@tgb.com.au
Fill out our brief enquiry form – https://tgb.com.au/enquire/tgb-lawyers-legal-services-register/