Not just at work: what you and your loved ones need to know about public liability law in Victoria

As a nurse, midwife or carer, your day-to-day focus is patient care but you may not be aware of the risks you and your loved ones face once you leave work. Slips, trips and falls can happen at any time, and they often occur in public spaces like carparks, shopping centres and public transport areas. In Victoria, public liability law can provide protection for injuries sustained in these spaces. At Gordon Legal, we’re here to explain the key things you and your loved ones need to know about your rights if you’re injured in a public place.

What is public liability law?

A public liability claim is a type of claim that may arise when you suffer an injury due to the negligence of another person, business or organisation, provided they owed you a duty of care.

WorkCover, on the other hand, provides no fault benefits for work-related injuries and covers injuries that happen at work or are linked to work.

But what happens when an injury occurs on the way to or from work, or in a public place where you are not entitled to WorkCover benefits? These injuries can cause long-term physical, emotional and financial consequences. In such situations, a public liability claim may be worth pursuing.

Public liability claims are often brought against occupiers, local councils, landlords or body corporates, typically involving slips, trips, falls or other hazards in public and shared spaces.

When does public liability apply?

As the preferred lawyers for ANMF members, Gordon Legal commonly assists nurses/midwives/carers and their loved ones with public liability claims, such as

• slips on a wet carpark surface after finishing work
• trips on uneven paving near a work entrance not managed by the employer
• falls on travelators at shopping centres.

In order to make a public liability claim, you must prove the below three things:

1. you were owed a duty of care;
2. the duty of care was breached; and
3. you have suffered an injury as a result of the breach of duty of care.

Once the above key elements can be satisfied, you or your loved one may then be entitled to the following:

1. pain and suffering damages (i.e., loss of enjoyment of life)
2. medical and related expenses
3. economic loss damages (e.g., past loss of wages and loss of opportunity to earn income)
4. care provided to you by loved ones as a result of your injuries.

What to do if you’re injured in a public place

1. Seek medical treatment: your health and the health of your family members come first. Get treated by a doctor or hospital immediately and let them know how the injury occurred.
2. Document the incident: record the incident details including the date, time and location of injury. Take photos of the incident location (e.g., uneven pavement, wet floor). Note any witnesses and their contact details.
3. Report the injury: notify the person or organisation responsible for the space (e.g., local council, business or property owner). If there is an incident report process, complete it.
4. Keep records: save all receipts and documents related to the injuries (e.g., medical receipts, lost income, any communication with the responsible party).
5. Seek legal advice: Gordon Legal are here to help. Our experienced public liability lawyers are here to guide members and their loved ones through the claims process and help secure the compensation deserved.

Time limits for making a public liability claim

If you or your loved one has been injured in a public place, it’s important to act promptly.

Typically, in Victoria you have three (3) years from the date of injury to make a claim. Children and individuals with a disability may have up to six (6) years from the date of injury to make a claim.

The team at Gordon Legal can help you understand the time limits that are applicable to you.

Access to your legal rights:

Gordon Legal can assist ANMF members and their loved ones with legal advice and representation related to public liability injuries. We offer:

1. A No Win, No Fee agreement. Recovering from an unexpected injury is stressful enough without adding the financial burden of legal fees. That’s why we can help members and their loved ones get compensation in a public liability claim on a No Win, No Fee basis. Put simply, unless the case is successful, members and their loved ones won’t have to worry about payment.
2. A reduced uplift fee of 10 per cent on legal fees for ANMF (Vic Branch) members.

Takeaway tips

1. Always report and document injuries, even minor ones.
2. Don’t assume you’re not eligible for compensation just because the injury wasn’t at work.
3. Obtain legal advice early.

While your focus may be on patient safety during your shift, it’s just as important to be aware of the risks you and your loved ones may face beyond the workplace. Slips, trips and falls in public places can lead to serious injuries and long-term consequences, but you don’t have to navigate the aftermath alone. Understanding your rights under public liability law empowers you to take appropriate action if something goes wrong.

Encourage your colleagues, friends and family to stay alert to hazards in public spaces, and to seek legal advice if they’re injured due to someone else’s negligence. Awareness and timely action can make all the difference when it comes to protecting your health and your entitlements.