Public Liability Claims
A public liability claim is a type of personal injury claim made when someone is injured because another person, business, or organisation failed to take reasonable care to keep an area safe. In Western Australia, these claims are primarily governed by the Civil Liability Act 2002 (WA) and, in some situations, the Occupiers’ Liability Act 1985 (WA).
Public liability claims can occur in public spaces and private spaces open to the public, such as:
• Shopping centres.
• Rental properties.
• Supermarkets.
• Entertainment venues.
• Restaurants.
• Car parks.
To succeed in a public liability claim in WA, an injured person must show:
• They were injured in a public or publicly accessible place.
• The person or organisation responsible for the space owed them a duty of care.
• That duty was breached through negligence.
• The breach caused their injury.
• They suffered loss or damage as a result.
Common examples include slips on wet floors, trips on uneven surfaces, falling objects, poor lighting, or hazards that should have been repaired or warned about.
