Home » Knowledge Base » Personal Injury Law » Public Liability and the Ekka

Injured at a Major Public Event? Public Liability and the Ekka’s 150th Year

This August, the Royal Queensland Show – the Ekka – celebrates its 150th anniversary, running from 8 to 16 August 2026 at the Brisbane Showgrounds in Bowen Hills. With more than 400,000 people expected through the gates over nine days, it is one of the largest gatherings in Queensland each year.

Events of this scale are, on the whole, run carefully and safely. But wherever crowds, carnival rides, animals, food vendors and temporary infrastructure come together, injuries do occur. This article explains, in general terms, how public liability law operates at large public events in Queensland, and what steps a person should take if they are injured.

Who is responsible for safety at a large event?

There is rarely a single answer. At a major show or festival, several parties may each owe a duty of care to visitors:

The event organiser and site occupier. The organiser of an event and the occupier of the grounds owe a duty to take reasonable care to avoid foreseeable risks of injury to people attending. That duty covers matters such as crowd management, lighting, walking surfaces, signage, security, and the systems in place for inspecting and maintaining the site.

Ride and amusement operators. Amusement devices in Queensland are regulated plant under work health and safety laws. Operators are responsible for registration, inspection, maintenance and safe operation of their rides, and for ensuring patrons are properly restrained and instructed.

Stallholders and food vendors. A vendor who creates a hazard – a spill left unattended, unsafe equipment, or food that causes illness — may be responsible for harm that results.

Contractors. Cleaning, security, electrical and staging contractors each carry responsibility for the work they perform on site.

In practice, an injury claim arising from a large event often involves working out which of these parties (sometimes more than one) failed to take reasonable care, and how their insurance arrangements respond.

What does the law actually require?

Public liability claims in Queensland are governed principally by the Civil Liability Act 2003 (Qld). A person injured at an event does not succeed simply because they were hurt on someone else’s premises. Broadly, they must show:

  1. A duty of care existed – almost always established between an event organiser or occupier and a lawful visitor;
  2. The duty was breached – the responsible party failed to do what a reasonable person in their position would have done about a foreseeable and not insignificant risk; and
  3. The breach caused the injury – the harm would not have occurred but for the failure.

The Act also contains important limits. There is generally no duty to warn of an obvious risk, and a person’s compensation can be reduced for contributory negligence – for example, ignoring clear safety directions or barriers. Intoxication can also affect a claim.

The practical effect is that outcomes turn heavily on the specific facts: what the hazard was, how long it existed, what inspection and maintenance systems were in place, and what warnings were given. For a broader explanation of how Queensland’s compensation framework fits together, see our guide to personal injury law in Queensland.

Common injury scenarios at large events

Across major public events, the recurring categories include:

  • Slips, trips and falls – spilled food and drink, uneven or temporary surfaces, cabling, poor lighting in and around pavilions;
  • Amusement ride incidents – mechanical failure, operator error, or inadequate restraint;
  • Crowd-related injuries – crushing, falls in congested areas, inadequate crowd control;
  • Falling or unstable structures – temporary staging, signage, fencing or marquees;
  • Food-related illness from vendors; and
  • Animal-related injuries in areas where the public interacts with livestock.

Each scenario depends on whether reasonable care was taken by the party responsible for that risk.

Not just visitors: workers and road users

Two related situations fall outside public liability but arise constantly around major events:

Working at the event. Large shows employ thousands of casual staff, contractors and volunteers – gate staff, ride operators, stallhands, cleaners. A person injured while working at an event will generally have a claim under Queensland’s workers’ compensation scheme rather than (or in addition to) public liability, with different processes and time limits.

Travelling to and from the show. An injury in a road incident on the way to or from an event – as a driver, passenger, pedestrian or cyclist – is dealt with under Queensland’s CTP scheme as a motor vehicle accident claim, not public liability. If you’re a worker travelling to the show you can also make a claim under the workers’ compensation scheme regardless of who was at fault for the injury – this is known as a journey claim.

Which scheme applies determines the insurer, the procedure, and the deadlines – it is one of the first things a lawyer works out.

What to do if you are injured at an event

If you or a family member is injured at a large public event, the steps taken on the day can matter significantly later:

  1. Seek medical attention first. Report to on-site first aid, and see a GP or hospital afterwards. Contemporaneous medical records are important evidence.
  2. Report the incident to event staff and ask that an incident report be created. Note the name of the person you reported to.
  3. Photograph the scene – the hazard itself, the surrounding area, any warning signage (or its absence), and your injuries.
  4. Collect witness details. Independent witnesses are often the difference in contested claims.
  5. Keep records – tickets, receipts, medical expenses, and any correspondence with the event organiser or its insurer.
  6. Obtain legal advice promptly. Queensland’s pre-court procedures impose strict time limits (see below), and evidence at temporary event sites disappears quickly once the event ends. A free claim check is a low-commitment way to find out where you stand.

You can work through these steps with our interactive post-accident evidence checklist – it saves your progress on your device and includes a public place / slip and fall mode.

Time limits in Queensland

Public liability claims in Queensland must follow the pre-court procedure in the Personal Injuries Proceedings Act 2002 (Qld). Key time frames include:

  • A Part 1 Notice of Claim must generally be given to the respondent within 9 months of the incident, or within 1 month of first consulting a lawyer about the claim – whichever is earlier; and
  • Court proceedings must generally be commenced within 3 years of the date of injury under the Limitation of Actions Act 1974 (Qld).

Different rules apply to children and to people under a legal incapacity, and the courts can extend the limitation period in narrow circumstances – but these time limits are applied strictly, and missing them can end an otherwise sound claim.

How compensation is assessed

Compensation in Queensland public liability claims is calculated under the Civil Liability Act’s injury scale value (ISV) system, together with economic loss, care and medical expenses. To get a feel for how injuries are valued, you can look up ISV ranges with our ISV lookup tool, browse real court outcomes in the Queensland compensation database, or estimate a claim with the compensation calculator.

The 150th Ekka

The Ekka’s century and a half at the Brisbane Showgrounds is a genuine milestone, and the overwhelming majority of the hundreds of thousands who attend in August will go home with nothing worse than a strawberry sundae craving. Understanding how responsibility for safety is shared at events of this scale – and what to do in the rare case something goes wrong – simply means being an informed visitor.

Roche Legal is a Queensland law firm practising in personal injury law, including public liability claims. Contact us on 1300 335 334 or claim@rochelegal.com.au.

Image: “Entrance to Ekka” by Gruyere, licensed under CC BY-SA 3.0, via Wikimedia Commons.

This commentary is published by Roche Legal for general information purposes only and should not be relied on as specific advice. The content relates to Queensland law only and is subject to change over time. You should seek legal advice for any question, or for any specific situation or proposal, before making any decision.