Accredited specialists representing individuals injured in public or private spaces across Queensland.
What we can help you with.
We have the highest expertise in handling all pubic liability claim types, including:
- Slip and fall accidents
- “Trip and fall” accidents
- Supermarket and shopping centre injuries
- Accidents at a friend or relative's home or on their property
- Accidents at a business venue (eg in a shop, at a restaurant, etc.)
- Restaurant, hotel and hospitality accidents
- Council footpath and public space accidents
- Car park and stairwell injuries
- Falling objects and unsafe shelving incidents
- Swimming pool and recreational facility accidents
- Event and venue injuries
Free initial consultation
You speak directly with an experienced public liability lawyer who reviews how your injury occurred, explains whether a valid claim may exist, and outlines what to expect from the process ahead.
We lodge your claim
We identify the responsible party, notify the insurer, obtain incident reports, maintenance records, and available CCTV footage, and formally commence the claim process to protect your position from the outset.
Support throughout your claim
We take care of every step of the process, including managing medical evidence, handling insurer communications, and progressing negotiations - while you focus on recovery.
Resolution and settlement
When your claim is ready to resolve, we negotiate firmly to achieve a fair outcome that reflects the full impact of your injuries. If necessary, we commence court proceedings to protect your entitlement.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, and can even come to you if needed.
Who can make a claim?
- Shoppers, customers and lawful visitors
- Guests injured at private homes or rented properties
- Tenants and residents injured in common areas
- Children injured in public or supervised spaces
- Workers injured on third-party premises
- Spectators or attendees at events
- Families of deceased victims
Eligibility depends on the specific circumstances. A short discussion with a public liability lawyer is usually enough to confirm where you stand.
Fewer than 2% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, recognising the highest level of industry expertise, experience, and ethical standards.
Unlike many firms, we don’t add extra percentages or “success fees” to your settlement. This means you keep the maximum compensation you are entitled to.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Your claim, your Gain.
Jeremy Roche, Director At Gain
How public liability compensation claims work in Queensland
Public liability compensation claims in Queensland arise where a person suffers injury because another party failed to take reasonable care to prevent foreseeable harm in a public or privately owned place. These claims are assessed through fault-based personal injury law rather than through a no-fault statutory scheme.
Understanding how public liability claims operate in Queensland - including how responsibility is established, how evidence is assessed, and how compensation is determined - is essential to understanding how outcomes are reached.
The legal framework for public liability claims
Public liability claims in Queensland are governed by the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) and common law principles of negligence, as modified by statute, including the Civil Liability Act 2003 (Qld) (CLA).
To succeed, an injured person must establish that another party owed them a duty of care, breached that duty, and caused injury as a result. How this negligence-based pathway operates is explained through public liability law (Public Liability Claim: Definition, Examples and Process).
Who may be responsible in a public liability claim
Responsibility in public liability claims depends on who owned, managed, or controlled the premises or activity that caused the injury. This may include property owners, occupiers, businesses, event organisers, councils, or contractors, depending on the circumstances.
Liability is not determined simply by ownership. Courts examine who had control over the area, whether the risk of injury was reasonably foreseeable, and whether reasonable precautions were taken to prevent that harm. The central question is whether appropriate systems were in place to identify and manage risk.
Common public liability accident scenarios
Public liability claims commonly arise from incidents such as slip and fall accidents, injuries at shopping centres or supermarkets, accidents in public parks, injuries at hotels or restaurants, and incidents occurring on privately owned premises that are open to the public.
How these types of incidents are assessed, including typical risk scenarios and responsibilities, is explored through premises liability claims (Premises Liability: Who Is Responsible and Compensation Claims).
Evidence and assessment of public liability claims
Public liability claims rely heavily on evidence demonstrating how the accident occurred and whether the responsible party failed to take reasonable precautions. Evidence may include photographs of the scene, incident reports, maintenance records, CCTV footage, witness statements, and expert opinions.
Medical evidence is also essential to establish the nature and extent of injury. Claims are generally not resolved until the injury has stabilised and the longer-term impact on work capacity and daily functioning can be properly assessed.
Compensation available in public liability claims
Where negligence is established, compensation may be awarded to reflect the full consequences of the injury. This can include medical expenses, loss of income, future care needs, and compensation for pain, suffering, and loss of enjoyment of life.
The principles used to assess compensation are the same as those that apply to other personal injury matters, as outlined in common law damages claims (Common Law Claims and Damages: What They Are and How To File).
Time limits and procedural requirements
Strict time limits apply to public liability claims in Queensland. In most cases, a formal Notice of Claim is required to be served within nine months of the date of injury (or within one month of first consulting a lawyer).
Failure to serve the notice within that period does not automatically prevent a claim from proceeding, but additional procedural steps may be required.
Court proceedings must generally be commenced within three years of the date of injury. If proceedings are not commenced within that period, the claim may become statute-barred.
For injured people under the age of 18, the three-year limitation period typically runs from their 18th birthday.
Because delay can materially affect evidence, procedure, and ultimately entitlement, understanding personal injury claim time limits in Queensland (What Is the Time Limit for Personal Injury Claims in Queensland) is critical in public liability matters.
How public liability claims are resolved
Most public liability claims resolve through negotiation once liability and the extent of injury are established. Insurers typically require detailed evidence before engaging meaningfully in settlement discussions.
Court proceedings are used where a fair outcome cannot be achieved through settlement and are generally treated as a last resort.
3 things to know about public liability claims in QLD
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Public liability lawyer FAQs (QLD)
What if it was “just an accident”?
Many public liability matters are described that way at first. The legal question is not whether someone intended harm, but whether reasonable steps were taken to prevent a foreseeable risk.
Injury can still arise from failures in maintenance, supervision, inspection systems, or hazard management. The focus is on whether reasonable precautions were taken in the circumstances - not on whether the incident was deliberate.
What if I was injured at a friend or family member’s property?
You are not “suing” them personally in the way many people fear. In most cases, a claim is handled by the property owner’s public liability insurer rather than paid personally by the individual.
These policies exist specifically to respond to injuries involving lawful visitors. The legal focus is on whether reasonable care was taken - not on creating personal conflict.
What if I was partly at fault?
Partial fault does not automatically prevent a claim. Public liability matters frequently involve shared responsibility.
If you failed to take reasonable care for your own safety, compensation may be reduced, but it is rarely eliminated altogether. Courts assess how responsibility should be apportioned based on the evidence.
Does an obvious hazard prevent me from claiming?
Not necessarily. The fact that a risk was visible does not automatically remove liability.
People are not expected to anticipate danger at every step in everyday environments. The key question is whether reasonable systems were in place to identify, manage, or warn about foreseeable risks.
I didn’t report the incident straight away - does that matter?
It can affect evidence, but it does not automatically prevent a claim. Many people are injured, embarrassed, or focused on medical treatment and do not immediately report what happened.
What matters most is whether the circumstances can still be established through available evidence such as medical records, witness accounts, CCTV, or maintenance documentation.
Will my public liability claim end up in court?
Probably not. The vast majority of public liability claims resolve through negotiation once liability and medical evidence are established.
Settlement discussions typically occur between legal representatives and insurers. Court proceedings are generally used only where a fair outcome cannot be achieved through negotiation.
How long do I have to make a public liability claim?
Strict time limits apply in Queensland. A claim form must generally be served within nine months of the accident (although failure to do so is not automatically fatal to the claim). Court proceedings must usually be commenced within three years of the date of injury.
For injured claimants under 18, the three-year period is generally extended until their 21st birthday. Because delay can permanently affect entitlement, earlier action is usually preferable.
What if I’m worried about legal fees?
Initial advice is free, and you pay nothing upfront or while the claim is ongoing. If your claim succeeds, our professional fees are paid from the settlement. We do not charge uplift or “success” fees, and we cover evidence costs as the matter progresses.
If your claim is unsuccessful, we write off our legal fees and evidence costs entirely.
If I contact Gain Lawyers, am I committing to making a claim?
No - the initial consultation is free and often helpful on its own. In many cases, we can provide an early indication about whether your circumstances are likely to support a claim and what the process would involve.
The first conversation is about clarity and direction, not obligation.