Not every injury happens in a shopping centre or on a footpath. Many serious accidents occur on private property, at a friend’s house, a family member’s home, a rented property, or a private venue. If you were injured on private premises through no fault of your own, you may be entitled to compensation under the Personal Injuries Proceedings Act 2002 (Qld), just as you would for an accident in a public place.
The key requirement is that the property is owned or occupied by someone other than you (or, if you were renting, you may still have a claim against the landlord or property manager). You generally cannot make a successful claim for an injury sustained at your own home.
Does Public Liability Cover Private Property?
Many people assume public liability only applies to accidents in public places like shopping centres, footpaths, or car parks. In fact, “public liability” is the name of an area of law, not a limit on where it applies. It covers injuries caused by someone’s negligence on premises they own or occupy, and that includes private homes, rental properties, private venues, and holiday accommodation.
The same legal principles apply wherever the accident happens. The occupier of a property owes a duty to take reasonable care for the safety of visitors, and if they fail to do so and you are injured as a result, you may have a claim. The insurance that responds is often called public liability cover, and it is commonly built into home and contents policies, which is why these claims rarely come out of the occupier’s own pocket.
“But I don’t want to sue my friend or family”
This is the single biggest reason people hesitate to make a private place claim, and it’s based on a misunderstanding of how these claims work.
In almost all cases, you are not suing your friend or family member personally. Most homes carry home and contents insurance, and where there is a mortgage, the lender usually requires it. These policies generally include public liability cover. That means your claim is made against the insurance policy, and it is the insurer, not your loved one, who pays the compensation. Your relationship does not need to be affected.
Where Private Place Accidents Happen
Private place claims can arise from injuries at:
- someone else’s home
- a rented home or unit (against the landlord or agent)
- private venues, function centres, and clubs
- schools, colleges, and childcare centres
- holiday accommodation such as Airbnbs, hotels, and motels
Proving a Private Place Claim
As with any public liability matter, three things must be established: you were owed a duty of care by the occupier of the property; that duty of care was breached; and you suffered injury and loss as a result.
The occupier of a private property has a duty to take reasonable steps to keep visitors safe, for example, repairing hazards they know about, or warning of dangers that aren’t obvious. Whether that duty was breached depends on the specific facts, and the Civil Liability Act 2003 (Qld) sets out circumstances (such as obvious risks) that can reduce or defeat a claim.
What Compensation Can You Claim?
If your private place claim succeeds, compensation is designed to put you back in the position you would have been in if the injury had not happened. Depending on your circumstances, a claim can include:
- Medical and rehabilitation expenses, both past and future
- Lost wages and loss of future earning capacity
- Pain, suffering, and loss of enjoyment of life
- The cost of care and assistance, including help provided by family
- Out-of-pocket expenses such as travel and medication
The value of a claim depends on the severity of your injury and how much it affects your life and work, which is something we can assess for you at no cost.
Time Limits
Strict time limits apply in Queensland. You must serve a claim notice on the at-fault party within 9 months of the injury (or 1 month from first consulting a lawyer, whichever is earlier), and file any formal court action within 3 years. Out-of-time claims are sometimes possible with a reasonable excuse, but it’s important to act quickly.
What to Do If You’re Injured on Private Property
Taking a few simple steps early can make a real difference to your claim:
- Seek medical attention and make sure your injuries are recorded.
- Report the incident to the occupier, owner, or property manager.
- Photograph the hazard that caused your injury and the surrounding area.
- Get the names and contact details of anyone who saw what happened.
- Avoid accepting blame or signing anything before getting advice.
- Speak to a lawyer promptly, as strict time limits apply.
If you have been injured on someone else’s property, contact Roche Legal for a free, no-obligation assessment of your claim.
Frequently Asked Questions
Almost never. These claims are usually paid by the occupier’s home and contents or public liability insurer, not by the person themselves.
You may still have a claim against them directly, though what you can recover can depend on their circumstances. It is worth getting advice, as many properties are insured even when people assume they are not.
Possibly. Your compensation may be reduced to reflect your share of responsibility, known as contributory negligence, but being partly at fault does not automatically prevent a claim.
Yes. Depending on the cause, a claim may lie against the landlord, the property manager, or the host, as well as their insurer.
Strict time limits apply in Queensland. You generally must notify the at-fault party within 9 months of the injury, so it is important to act quickly.
Roche Legal represents injured Queenslanders on a No Win No Fee basis, so there is no upfront cost to find out where you stand.
Generally no. A claim requires the property to be owned or occupied by someone else, though there can be exceptions, such as an injury caused by a landlord’s failure to maintain a rental.
Injured on Private Property? Get a Free Claim Check
It costs nothing to find out if you have a claim. Roche Legal represents injured clients across Queensland on a No Win No Fee basis. Call our Brisbane compensation lawyers on 1300 335 334 for a free initial consultation.