Public Liability Lawyers in Melbourne, Bendigo & Throughout VIC
Were you injured through no fault of your own on someone else’s property? Our public liability lawyers have the experience and skills to help you pursue maximum compensation for your injuries. Claims can be made for injuries sustained in a number of different locations, including supermarkets, schools, public footpaths, car parks and more.
Arnold Dallas McPherson Injury Lawyers (ADM) have more than 30 years of experience helping clients with public liability claims in Victoria. We are a truly statewide firm, with specialist personal injury lawyers serving clients in Melbourne, Bendigo and many other local communities.
Public Liability Claim FAQs
A public liability claim is a demand for payment made to an insurer for personal injury sustained in a private or public space. These claims are based on negligence, meaning you need to show that your injuries are the result of an occupier of the premises failing to exercise sufficient care. If your claim succeeds, compensation is paid by the other party’s public liability insurer.
Public liability claims in Victoria are governed by the Wrongs Act 1958. This is our state’s legislation for common law damages claims. Multiple lawyers at ADM are Accredited Personal Injury Specialists, signalling our commitment to excellence in public liability and other personal injury matters.
Public liability claims often centre on slips, trips and falls in a variety of locations, from retail stores and apartment complexes to sports grounds and public walkways. Other incidents that commonly give rise to a public liability injury claim include animal attacks, swimming pool accidents, objects falling from heights and injuries sustained due to negligent security.
Sometimes injuries from a defective product are also compensable through a public liability claim in Victoria. You may have a claim against the manufacturer, wholesaler and/or retailer. Multiple parties may be held accountable through ADM’s diligent collection of evidence and expert legal strategies.
You may be entitled to substantial compensation if you are injured through no fault of your own on someone else’s property. The damages that may be available in your public liability claim include:
- Reimbursement of all medical and like expenses
- Past loss of earnings
- The cost of future medical treatment and like services
- Future loss of earnings
- Household assistance (whether by professionals or loved ones)
- Pain and suffering
Payments for loss of income are capped at three times the value of your average weekly earnings. As of 1 July 2025, the maximum compensation available for non-economic loss (including pain and suffering) is $759,510.
Arnold Dallas McPherson Injury Lawyers excel in the calculation of damages in public liability matters. Drawing upon decades of experience and relationships with leading experts, we account for every dollar you are owed for any and all losses.
In Victoria, a claim for public liability injury is submitted to the insurer for the individual or organisation responsible. This may be a solo property owner, a small business or corporation, the local council or the State government.
Before making a claim, you should:
- Receive medical attention for your injuries.
- Make sure any and all injuries are fully documented.
- Collect evidence such as photos, witness accounts and video of the accident. The goal is to show what happened and that negligence was a factor.
- Report the incident to the property manager. This creates an official record.
- Seek legal guidance.
Public liability lawyers at ADM can negotiate with the insurer on your behalf. Having a skilled advocate represent you is crucial for obtaining a favourable settlement. If the insurer won’t settle, we can lodge a claim with the Court and represent you in legal proceedings.
Public liability claims in Victoria must be issued within 3 years. Additional time may be granted if the injury did not present or could not have been discovered until a later date, but we discourage clients from relying on exceptions.
Delays can lead to the loss of vital evidence, making it difficult for your claim to succeed. Arnold Dallas McPherson Injury Lawyers waste no time investigating the incident and exploring all legal avenues for compensation.
Yes. However, the type of claim will depend upon how your injury occurred. Such claims cover a very wide range of circumstances. These include trips, slips, falls, defective goods, defective equipment, defective buildings, criminal activity, failure to control domestic animals such as dogs and cats, failure to control livestock such as cows and horses and a great number of other circumstances.
If you have been injured like this or in some other manner, it is always best to speak with the public liability solicitors at ADM. We will meet with you for FREE on a no-obligation basis to assess your claim in detail. If you have a viable claim, we can discuss how to proceed and what you can expect from our firm.
In public liability claims, there are no statutory authorities (such as WorkSafe Victoria or the Transport Accident Commission) to deal with after you are injured. However, governments, most businesses and householders have public liability insurance to cover accidents on their properties. If you are injured, there is likely to be an insurance policy available to pay your claim.
It is unusual for these insurers to make any progress payments for your expenses before your claim is finalised. Accordingly, it is a good idea to act promptly to ensure full payment is made as soon as possible.
Public liability lawyers at ADM are very experienced in efficiently processing these types of claims. We strongly advise you to seek legal advice early so any outstanding bills and other expenses are kept to a minimum.
You may be entitled to compensation for medical expenses and loss of income in a public liability claim. Damages for non-economic loss may be available if you sustain a significant injury.
If you suffer injury due to the fault of another party, you may be able to claim the following:
Loss of Income Damages
If you are unable to work as a result of your accident for a specified period of time (or, tragically, perhaps never be able to work again), you can claim for past and future loss of income. This will be calculated on a net weekly basis and paid to you as part of your claim by way of lump sum.
How this is calculated can be quite complex and will depend upon a number of factors such as your usual employment, education, skills, training, age and experience. ADM is very experienced in calculating lost earnings and loss of income. Our public liability claim lawyers will seek every dollar to which you are entitled.
Medical and Like Expenses
You can claim for any and all medical treatment and like services that have been required for the past and into the future. Doctors’ fees, surgeries, medication, travel to services, physiotherapy, counselling and a host of other relevant medical treatments are claimable.
Past and Future Care
Compensation for professional care and domestic assistance can be claimed in public liability matters. This loss may be compensable even if it is not paid for at the time, such as when assistance is provided by family members or friends.
Again, these claims can involve quite complex calculations. They often require evidence from medical professionals, such as doctors and occupational therapists.
It is very important that expenses like these are properly calculated so as to ensure that you are adequately covered into the future for the ongoing cost of assistance. At Arnold Dallas McPherson Injury Lawyers, we engage with highly qualified medical experts to ensure that public liability injury claims properly account for any out-of-pocket expenses.
Pain and Suffering Damages
Under certain circumstances, you may be entitled to compensation for non-economic loss in a public liability claim. Non-economic loss includes damages for pain and suffering, as well as loss of amenities and loss of enjoyment of life.
Lump sum payments for pain and suffering can be substantial (up to $759,510 as of 2025/2026). However, Victoria common law only allows you to claim for pain and suffering if you have a ‘significant injury’. Some injuries are considered inherently significant, whilst others will require you to undergo a specialised assessment to determine the percentage of permanent impairment.
Successfully achieving the best result for you is our goal. Arnold Dallas McPherson Injury Lawyers’ expertise in public liability claims is essential for establishing your right to damages for non-economic loss and maximising compensation for serious injuries.
Many different incidents may fall within the realm of public liability law. If you have been injured through no fault of your own and you are unsure whether you have a claim, ADM can provide you with clear and honest guidance. We want to hear your story and help make you whole.
Call us at 1800 242 588 today for a FREE consultation with a public liability lawyer. We provide principled advocacy and compassionate service, treating every client as an individual who deserves respect and support.
Client Testimonials
At ADM, we are real people helping Victorians find justice. You don’t have to take our word for it; we have received hundreds of 5-star reviews from real clients who entrusted their legal matter to ADM. See for yourself what to expect from Arnold Dallas McPherson Injury Lawyers, both as solicitors and as human beings.
Michelle & R.
Kelsey and the team at ADM Bendigo were very understanding and caring in relation to our case. We were treated with respect and everything was done to get the best possible outcome under the circumstances. We would highly recommend.
Peter R.
My dealings with staff at ADMcP were at all times supportive, professional, and above all successful. They’re a great group and I recommend anyone to them for any industrial/workplace injury issues.
Milian T.
Thanks a lot Shaun and whole team, you done great job! Highly recommended this expert. All the best my friend!
Do I Have a Public Liability Claim?
If you have suffered an injury in a public place, then it’s important to realise you may have a right to claim compensation for what has happened. This can include a wide range of injury circumstances such as:
- Slipping and falling in supermarkets or shops
- Children being injured on playgrounds or school yards
- Poorly maintained property such as steps, footpaths, balconies and walkways
- Escalator and elevator accidents
- Injuries due to defective products
- Dog attacks
- Physical assaults
- Injuries caused by boats, such as jet ski accidents
- Aeroplane passenger injuries
- Defective machinery and equipment
- Collisions with cyclists
Arnold Dallas McPherson Injury Lawyers have wide-ranging expertise in Victoria public liability claims. Our team investigates thoroughly and gathers evidence to prove that you were injured due to the negligence of another party (the owner of a property, the manufacturer of a defective product, etc.). We also have extensive knowledge of the protocols for assessing significant injuries, enabling us to make successful claims for non-economic loss.
Claims for Significant Injury
To qualify for non-economic damages, you need to have a significant injury. Some injuries are considered to meet this threshold automatically, such as the loss of a breast, the loss of a foetus, mental injury from the death of a child and conditions arising from asbestos exposure.
Outside of these specific examples, your injury (or combination of injuries) must result in a certain percentage of permanent impairment to qualify as significant. The thresholds are:
- 5% permanent impairment or higher for a spinal injury
- 10% or more for mental injuries
- Greater than 5% for all other types of injuries
If you meet any of these criteria, the medical practitioner will grant you a certificate of assessment that must be provided to the other party as part of your claim. Disputes concerning impairment (such as whether or not you meet the applicable impairment threshold) may be referred to a medical panel for a binding decision.
Public liability solicitors at ADM are well-versed in all of these protocols. We can support you through the process of waiting for your injuries to stabilise (a prerequisite for an impairment assessment), help you prepare for independent medical exams and provide any information or records requested by the medical panel.
No Win, No Fee
At Arnold Dallas McPherson, we firmly believe that financial constraints should never stand in the way of justice. Our ‘No Win, No Fee’ policy on most personal injury claims ensures that everyone has the opportunity to seek the compensation they rightfully deserve without the burden of upfront legal fees.
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What You Need to Prove in Public Liability Claims
Public liability claims are based on negligence. To prove negligence, you need to satisfy each of the following elements:
- Duty of care: The occupier of a property has a duty to take reasonable care that a person on the premises will not be harmed.
- Breach of duty: Examples of breach of duty due to negligence may include failure to clean up spills, not posting signs to warn of hazards, letting animals roam free, etc.
- Causation: You need to show that the occupier’s negligence caused you physical and/or psychological injury.
- Damages: Evidence of economic and non-economic loss is required for a public liability claim to be successful.
The best time to gather evidence is immediately following the incident. Ideally, you will be able to take pictures of dangerous conditions on the premises and speak to witnesses who saw you get hurt.
ADM can delve even deeper. We look for previous complaints of hazards, which can prove that the individual or organisation knew of a danger and failed to take corrective action. Our team also consults expert witnesses to establish the occupier’s duty, determine the severity of your injuries and calculate the damages you have incurred.s duty, determine the severity of your injuries and calculate the damages you have incurred.
How Does Public Liability Differ from Other Personal Injury Claims?
People are often injured ‘in public’, whether it’s on the road, at their job or on someone’s property. The main difference is that Victoria has created schemes for workers’ compensation and injuries in motor vehicle accidents. Other types of personal injury claims (including public liability) are common law matters, meaning they fall outside a specific compensation scheme.
Unlike with TAC and WorkCover, you don’t have access to no-fault benefits if you are injured in a public place. Proving the negligence of another party (likely the occupier) is mandatory for recovering compensation.
Knowledge of the Wrongs Act 1958 is essential for successfully navigating a public liability injury claim, particularly the section on occupiers’ liability. Most people have neither the time nor the inclination to pore over laws, statutes and court decisions. That is where ADM comes in.
Our public liability solicitors specialise in common law personal injury matters. We can explain your legal rights in clear, understandable terms and take the lead in advocating for you. If your public liability claim overlaps with another compensation scheme, we can identify the most appropriate option for pursuing all of the entitlements you deserve.
Why Choose Arnold Dallas McPherson?
ADM offers a client experience unlike any other. Our lawyers and staff speak plainly, listen deeply, and stay steady in the most stressful moments. This approach is critical not only for obtaining the best outcomes for our clients, but reassuring them when things get tough.
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Our understanding team
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We are an excellent specialist injuries firm
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Truly local services
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Our clear advice
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Our independence
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Our experience
Our understanding team
We are an excellent specialist injuries firm
Truly local services
Our clear advice
Our independence
Our experience
Do I Need a Public Liability Lawyer?
We firmly believe it is in your best interest to get a lawyer if you have been injured on public or private property. These are complex claims, and trying to get compensation on your own is extremely difficult when a powerful insurance company is opposing you every step of the way.
The benefits of having a lawyer at ADM handle your public liability claim include:
- Getting clear, straightforward advice from an experienced solicitor straight away
- Being heard and supported in a difficult situation; our firm treats you as a person, not a number
- Not being taken advantage of by the insurer; any offers are likely to be for much less than your claim is actually worth
- Identifying all entitlements, including non-economic damages for significant injury
- Avoiding mistakes that could scupper your claim, such as admitting fault for the accident
- Having a dedicated advocate who can communicate with the insurer for you
- Reviewing settlement offers to confirm that they compensate you fairly
Most people think that public liability claims always go to Court, when in reality that is quite uncommon. Nonetheless, if a favourable settlement isn’t forthcoming, our lawyers will not hesitate to file a claim with the Court and thoroughly prepare your case with the goal of obtaining a favourable judgement.
How Arnold Dallas McPherson Injury Lawyers Can Help
ADM has more than a dozen offices all over Victoria. Our principal locations are in Melbourne and Bendigo, but you can find ADM lawyers in many other communities as well. We are a genuine statewide firm that is passionate about nurturing our local roots and serving the people right in our backyard.
Since our founding in 1994, Arnold Dallas McPherson have earned a reputation for excellence and the trust of numerous injured people. We have attained life-changing outcomes for clients in public liability claims, securing the compensation they need for medical care, replacement of lost earnings, physical pain and emotional suffering.
Principled advocacy is key to the results we achieve. This includes:
- Reviewing your claim for FREE
- Immediately scheduling a meeting with one of our lawyers
- Listening to you, explaining legal concepts clearly and treating you as an individual
- Honesty in answering your questions, discussing your concerns, identifying your entitlements and assessing the viability of your claim
- Diligent investigation and evidence gathering so we can hold the property owner, business or government authority accountable
- Helping you schedule independent medical examinations; this is critical for assessing significant injury and determining your entitlement to damages for non-economic loss
- Resolving the matter through settlement negotiations and, if necessary, Court proceedings
Throughout your experience with ADM, we will treat you with respect. Every member of our team understands the difficulties you are facing, such as costly medical care, being unable to work as you did previously and dealing with disability. We believe there is strength in compassion, which is why we listen to you closely and stand as a pillar of calm amidst your worries.
Our ‘No Win, No Fee’ policy guarantees that you don’t have to worry about cost while the legal matter is pending. In addition to paying nothing upfront, you are only responsible for professional fees if our public liability lawyers are successful. We fully discuss our fees at the initial consultation so there are no surprises.
Contact a Public Liability Lawyer in Victoria Today
Whether you slipped and fell, got bitten by a dog or suffered some other injury in a public place, ADM is here to review your claim and advise you of your right to compensation. Public liability claims require experience, legal knowledge and a high degree of skill. Our lawyers draw upon each of these qualities to seek maximum compensation on your behalf.
Lodging a public liability claim isn’t only about getting the money you deserve, though that is hugely important. By taking legal action, you send a clear message to the at-fault party. Your claim may also help prevent future accidents by making property owners and occupiers think twice about acts that could put visitors in danger.
Arnold Dallas McPherson Injury Lawyers serve the victims of public accidents throughout Victoria, including Bendigo, Melbourne and other communities. Call 1800 242 588 today to consult our public liability lawyers for FREE.
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