Quick Answer
Premises liability and general liability are not the same, and confusing them can cost you thousands in your WA public liability claim.
- Premises liability applies when an injury occurs due to unsafe conditions on a property (e.g., slip and fall in a shopping centre).
- General liability is broader, covering business-related injuries, product liability, and third-party damages.
If you’re considering a claim, Foyle Legal offers a free claim check to help you understand your rights in Western Australia.
What is Premises Liability in WA?
Premises liability applies when someone is injured due to unsafe conditions on another person’s property. In Western Australia, the Occupiers’ Liability Act 1985 holds property owners, landlords, and businesses responsible for maintaining safe premises.
Common Premises Liability Claims in WA
- Slip and fall accidents in shopping centres, supermarkets, or public footpaths.
- Poor lighting or hazards in car parks, stairwells, or public areas.
- Negligence by landlords, such as broken stairs or unfixed leaks in rental properties.
- Swimming pool accidents due to lack of fencing or missing safety signs.
- Falling objects from shelves in retail stores.
WA Law: Under the Occupiers’ Liability Act 1985, property owners owe a duty of care to visitors. If they fail to maintain a safe environment, they may be liable for compensation.
What is General Liability? How is it Different?
General liability insurance is broader and protects businesses and professionals against various risks, including:
- Premises liability – Covers injuries on business property.
- Product liability – If a faulty product causes injury or damage.
- Third-party property damage – For example, a contractor damages a client’s home.
- Personal injury claims – Includes defamation or false advertising claims.
For WA business owners, public liability insurance is often required to cover accidents on business premises and protect against lawsuits.
The Expensive Mistake That Could Cost You Thousands in WA
Misidentifying the type of claim can drastically reduce your compensation or lead to a rejected claim.
Case Example
Sarah, a Fremantle resident, slipped on an uneven pavement outside a café. She sued the café owner, believing they were responsible for maintaining the footpath.
The mistake: The Local Government (not the café) was responsible for maintaining the pavement. Her claim was rejected because she targeted the wrong liable party. If Sarah took her case to trial then she would need to pay the legal costs of the Cafe owner.
If Sarah had consulted a personal injury lawyer, such as Foyle Legal, she could have pursued her claim under the Occupiers’ Liability Act 1985 and obtained compensation.
A personal injury lawyer would also advise Sarah that a claim against the local government would also be difficult (but not impossible) due to the “road authority” provisions of the Civil Liability Act 2002.
Common Public Liability Claim Mistakes in WA
| Mistake | Consequence | Example |
|---|---|---|
Filing a claim against the owner of a property rather than the business owner. |
Claim rejection or reduced payout. Legal Costs consequences. | A customer injured by faulty store shelving sues the property owner, but the store business (general liability) is responsible. |
Injury in the common area of a business. Suing a tenant rather than the building owner. |
Claim failure as sued incorrect defendant. Has to pay the Defendant’s legal costs. | A worker enters a building and slips on the wet floor in the foyer. He is entering the property to visit a business located on the third floor. He sues the business he is there to visit. Usually the tenant will not be the occupier of the foyer. The building owner will be responsible for that part of the building. |
Failing to identify who controls the premises |
Claim denied due to the wrong defendant | A public footpath injury gets filed against a business, but the local council owns the footpath. |
Not proving duty of care negligence |
Claim fails as negligence cannot be proven. This is a requirement in Western Australian occupiers liability claims. | A shopping centre denies liability for a wet floor injury, arguing cleaning protocols were in place. |
WA Law:
- Under WA’s Occupiers’ Liability Act 1985, property owners must keep their premises safe.
- The Civil Liability Act 2002 (WA) determines how negligence is proven.
- Workers compensation & public liability insurers frequently dispute claims, making legal guidance essential in pursuing claims in court or WorkCover WA.
How to Navigate the Legal Process for a Successful Public Liability Claim
If you’ve been injured in a public place, understanding your rights is crucial for a successful public liability claim.
To win compensation, you must prove negligence—that the responsible party breached their duty of care. Serious injuries, such as fractures or head trauma, can result in:
- Pain and suffering
- Loss of income
- Ongoing medical costs
Your insurance claim must be backed by strong evidence. If you have a valid claim, an insurer may offer a settlement, but legal advice ensures you receive fair compensation. Speak to an expert to navigate the WA personal injury claim process effectively.
How to Avoid Losing Compensation in WA Public Liability Claims
- Identify the correct liability type – Is it an unsafe property condition (premises liability) or business negligence (general liability)?
- Check who controls the premises – Landlord, tenant, council, or business? This affects who pays compensation.
- Gather evidence – Photos, witness statements, and incident reports strengthen your claim.
- Consult a public liability lawyer – WA insurers frequently deny liability; legal advice maximizes payouts.
- Claims with No Insurance – Sometimes the Defendant has taken out the wrong type of insurance or does not understand their obligations to take out insurance. This may mean it is not worth pursuing the claim or may affect the claim strategy.
Don’t risk making the wrong claim. Book a Free Claim Check with Foyle Legal today. Our team of experienced workers comp and personal injury lawyers will guide you on the right path to securing your compensation.
Public Liability Claims Checklist
✔ Where did the injury happen?
- Private or business property? → Premises Liability
- Public place due to company’s actions? → General Liability or perhaps also Premises liability.
✔ What caused the injury?
- Unsafe property condition (e.g., wet floor, broken stairs)? → Premises Liability
- Actions of a business (e.g., faulty product, professional negligence)? → General Liability (if professional negligence then professional indemnity policy of insurance).
✔ Who is responsible for the location?
- Property owner, tenant, or business controlling the premises? → Premises Liability
- A business or professional, even outside a specific location? → General Liability or other insurances may apply/
Still unsure? Speak to a WA injury lawyer before making a claim.
FAQs: Premises vs General Liability in WA
Q: Do I need a lawyer for a premises liability claim?
A: Not required, but recommended. Insurers often deny or reduce claims. A lawyer can maximize your payout. Court proceedings often needed to secure compensation.
Q: What’s the time limit to make a public liability claim in WA?
A: You must usually commence legal proceedings within three years from the injury date. If you miss this deadline, you lose your right to compensation.
Q: What if the insurer denies liability?
A: This is common. A WA injury lawyer can challenge the decision and fight for your compensation.
Key Takeaways
- Premises liability applies to unsafe property conditions.
- General liability covers broader risks like business actions & product defects but will depend on the policy terms.
- WA law protects injury victims, if negligence cam be proven but insurers often deny claims.
- Time limits apply—don’t delay seeking legal advice.
How to Make a Public Liability Claim in WA
Step 1: Seek immediate medical treatment and keep all medical records.
Step 2: Gather evidence, including photos and witness statements.
Step 3: Check WA’s three-year time limit for commencing legal proceedings.
Step 4: Speak to a public liability lawyer to maximize your settlement.
Real Case Study: How Foyle Legal Helps Clients Maximise Compensation
A Foyle Legal client was injured in a shopping centre due to a poorly maintained escalator. The insurer initially denied the claim, stating that the shopping centre had outsourced maintenance to a third-party contractor.
Legal Outcome:
- Foyle Legal established the centre retained responsibility under the Occupiers’ Liability Act 1985.
- The client secured a $150,000 settlement.
Takeaway: Legal representation can mean the difference between a denied claim and a successful payout.
Get a Free Claim Check with Foyle Legal Today
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