Brisbane Public Liability Lawyers

Every situation is different but generally speaking:

• Look after your health and seek appropriate medical care. Tell your clinician how and where the injury occurred and keep copies of any referrals, scripts, and certificates.
• Record what happened: Note the location, date, and time. If safe to do so, take photos of the hazard and surrounding conditions, and keep details for any witnesses.
• Report the incident: Notify the occupier, principal contractor, or host employer and ask for any incident report (or email them to create a record).
• Keep your documents together and somewhere safe: Save medical certificates, discharge summaries, receipts, and other costs related to the injury. It is usually also a good idea keep any physical evidence (e.g., damaged clothing).
• Be mindful of time limits: Strict time limits can apply to personal injury claims in Queensland. Consider obtaining independent legal advice promptly so you understand your options and any time limits that may apply.

In labour-hire arrangements, a worker is employed by a labour-hire agency but placed at a worksite controlled by a host employer.

In Queensland, labour-hire workers may have rights to pursue:

• A workers’ compensation claim through the labour-hire employer, and
• In some circumstances, a public liability claim against the host employer or another responsible party

If you are a labour-hire worker injured at work, liability can be more complex because:

• The host employer usually controls the day-to-day work site and systems of work
• The labour-hire agency remains your legal employer
• More than one party may have contributed to the unsafe conditions

A public liability claim may be available where the host employer, or another party:

• Provided an unsafe system of work
• Failed to properly supervise, instruct, or train workers
• Did not adequately maintain equipment or the work environment
• Created, or failed to address, a hazard that caused injury

Determining who owed you a duty of care, and whether a public liability claim, a work injury damages claim, or both may apply, depends on the specific working arrangements and level of control at the time of the injury.

Subcontractors often work on sites controlled by principal contractors, head contractors, property owners, or other businesses.

If you are a subcontractor and you were injured because:

• The worksite was unsafe
• Hazards were not properly identified or managed
• Equipment, surfaces, or access areas were not adequately maintained
• Another party on site acted negligently

You may be entitled to make a public liability claim against the party responsible for managing or controlling the premises. Depending on the circumstances, this could include:

• A principal or head contractor
• A property owner or occupier
• Another contractor or subcontractor whose negligence contributed to the incident

Subcontractors do not need to be employees to be eligible to bring a public liability claim. If a person or business owed you a duty of care and failed to take reasonable precautions to prevent injury, you may have a valid claim.

Determining who owes that duty and whether more than one party may be responsible is often a key issue in subcontractor public liability claims. Early legal advice can help clarify your position and ensure the correct parties are identified.

In Queensland, most public liability claims are governed by the Personal Injuries Proceedings Act 2002 (PIPA). The PIPA sets out specific steps and timeframes that must be followed before court proceedings can be started.

Before starting court proceedings, a claimant is generally required to give the responsible party a formal Notice of Claim.

In most cases, the notice must be given within 9 months of the date of the incident. After this time, the obligation to deliver a Notice continues but must include a reasonable explanation for any delay. 

Separate from the PIPA pre-court process, public liability claims are also subject to a general limitation period, which is usually three years from the date of the injury.

Court proceedings must generally be started within this period, unless an extension is granted by the court in limited circumstances.

Why time limits matter

If PIPA timeframes are not met, or court proceedings are not commenced within the limitation period, a claimant may be prevented from pursuing compensation. Extensions are not automatic and depend on the circumstances of each case. Further to this, because multiple parties may be involved in public liability matters, particularly in subcontractor and labour-hire situations, identifying the correct respondent and complying with time limits can become more complex.

Depending on your circumstances, compensation may cover:

• Medical and hospital expenses accrued and into the future
• Rehabilitation and therapy costs
• Loss of income and reduced earning capacity accrued and in to the future
• Pain and suffering
• Care and assistance needs – whether that is for paid services being received or the commercial cost of care provided by friends and family members.
• Out-of-pocket expenses

For subcontractors and labour-hire workers, we will carefully assess which party (or parties) may be liable and what types of compensation you may be entitled to pursue, whether that is a workers’ compensation claim a public liability claim, or a combination of both.

Not every injury that occurs in a public place or on someone else’s premises will give rise to a public liability claim. Whether a claim is available depends on the specific circumstances of the incident.

A public liability claim may not be available where, for example:

• No negligence can be established
• A claim generally requires proof that a person or organisation failed to take reasonable care. An accident alone is not enough.
• The risk was obvious or part of everyday life
• The law recognises the world is not a “bowling green”. Minor irregularities, uneven surfaces, or everyday hazards do not necessarily amount to negligence if reasonable precautions were taken.
• Reasonable maintenance systems were in place
• Particularly in claims against councils or public authorities, liability may not arise if reasonable inspection and maintenance systems existed and the risk was not known, or reasonably discoverable, at the time.
• You were solely responsible for the incident
• If the injury was caused entirely by your own actions, and no duty of care was breached by another party, a public liability claim may not be available.
• Time limits were not met. Under Queensland legislation, public liability claims are subject to strict timeframes, both in a pre-court phase and at common law. If the required steps are not taken within those time limits, a claim may become statute barred and unable to be pursued entirely.

Whether a public liability claim is available depends on factors such as who controlled the premises or activity, what safety measures were in place, whether the risk was foreseeable, and whether reasonable steps were taken to prevent harm.

We act on a No Win, No Fee basis meaning you only pay legal fees if your common law claim succeeds, and we provide a clear costs agreement upfront.

Queensland also has important consumer protections around legal fees. The “50/50 rule” places a cap on professional fees in personal injury matters. This is a safeguard, not a default fee or pricing model. If it doesn’t apply, a lawyer cannot simply recover “half” of your compensation; the legal fees must reflect the work performed.

Our point of difference is how we apply this in practice. We charge fair, proportionate fees and our approach helps keep overall costs down, which is why the 50/50 rule rarely comes into play.

Additionally, for motor vehicle accident claims, the law also includes regulated cost thresholds that may allow a contribution to your legal costs from the insurer.

By way of example only, for injuries occurring between 1 July 2025 and 30 June 2026, no legal costs are recoverable below $58,090.00 in damages. Capped regulation costs may apply between damages of $58,090.00 and $96,870.00. If damages are paid above the threshold (over $96,781.00 in this example), standard costs may be paid by the insurer. It is important to note that these limits are indexed and depend on both the date of injury and the outcome of the claim.