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Your Local Public Liability Claims Lawyers Perth

Foyle Legal is a WA-first public liability claims law firm. We help clients prove duty, breach, causation and damages, then negotiate with the insurer. Led by senior WA lawyers. No Win, No Fee. Perth CBD & Malaga. We serve all WA.

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Yes. In WA you can claim public liability if you’re injured by negligence. Claims often rely on the Occupiers’ Liability Act 1985 and Civil Liability Act 2002 (WA). Usual limit is 3 years.

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Public Liability Lawyers Perth — Slip & Fall, Council & Workplace Claims (WA)

If you were injured in a public place in Western Australia—like a slip and fall in a Perth shopping centre, trip on a council footpath, dog attack, or accident at a workplace caused by a third-party, or private home – you may be eligible for a public liability compensation claim.

To be eligible for a public liability claim in WA, you need to prove:

  • The injury was caused by the negligence of others – such as the occupier, council, business, or host employer.
  • WA general damages thresholds apply to pain & suffering — we’ll explain how they affect your case.

Our WA specialist public liability lawyers help you recover compensation for medical and hospital costs, loss of income (including lost wages or business earnings), and non-pecuniary loss—such as pain and suffering, loss of enjoyment of life, and loss of amenity.

Time Limits & WA Process

Limitation Act 2005 (WA): most personal injury actions must start within 3 years. Longer periods for Children. Act Early!

  1. Report your injury (to occupier, council, venue, or police)

  2. Collect evidence (photos, incident report, witness contact, receipts, proof of lost wages)

  3. Get medical treatment and advice (tell your doctor how and where you were injured)

  4. Contact Foyle Legal for a free claim check

  5. Negotiate or lodge court proceedings (we handle insurers for you)

  6. Settle and get paid—no win, no fee

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Start your Free Public Liability Claim Check or call our Perth or Malaga offices to get expert WA legal advice.
No Win No Fee. Top-rated personal injury law firm. Serving all WA.

Real Results in WA Public Liability Claims

We act for victims who were injured in a public place as a result of others’ negligence. We handle all common injuries in WA. Below are real examples from typical public liability claims in WA.

$285,000 – Hospital visitor trip & fall — CRPS (WA public liability)

  • Situation:
    Client was visiting her husband at a hospital and tripped on bedding equipment on the premises (public liability/occupier’s control).
  • Injury:
    Right wrist and right knee; surgery to the right wrist. Client developed CRPS in the right wrist.
  • Result:
    Client retired. $285,000 compensation secured in a public liability claim, with a successful focus on general damages.

$290,000 – Supermarket slip & fall — significant multi-level disc injuries (WA public liability)

  • Situation:
    Client entered a supermarket, slipped on a wet floor, and landed awkwardly (public place/occupier’s negligence context).
  • Injury:
    Injury to C6, C7, L5 and S1 discs, including a cervical discectomy and fusion and a lumbar fusion.
  • Result:
    Client was not working at the time of the accident. $290,000 in general damages secured after focusing on the client’s pain and suffering.

$ 156,000 – Worker trip & fall on pothole — multiple fractures (combined workers’ comp + public liability)

  • Situation:
    Client tripped on a pothole, fell, and landed on the left elbow while working (negligence/public liability + workers’ compensation interplay).
  • Injury:
    Shattered ulna, radius broken in two places, dislocated elbow, and torn ligaments in elbow and wrist. Required two internal reduction and fixation surgeries.
  • Result:
    Part-time worker on a low rate of pay. $156,500 compensation won in a combined workers’ compensation and public liability claim.

Disclaimer – We publish authentic, representative WA shoulder injury results—not just headline-grabbing figures. Cases have been anonymised and are illustrative only. Past results don’t guarantee future outcomes.

Start Free Claim CheckCall: 1300 300 966

What You Must Prove for Public Liability Claims in WA

In Western Australia, public liability claims are based on negligence. To succeed, you must prove:

Duty

The occupier, council, or contractor owed you a duty of care to take reasonable care for your safety.

Breach

They failed to inspect, clean, maintain, warn, or design the area safely or did something that they should not have done.

Causation

The hazard caused your injury—supported by witness, photo, CCTV and medical evidence.

Damage

You suffered financial loss (medical/rehab, income loss, care needs) or pain and suffering (thresholds apply in WA).

Defences

The Defendant may raise defences like Contributory negligence. These include improper footwear and failing to take reasonable care for your own safety.

Who pays compensation?

In Western Australia virtually all business have public liability insurance. It is usually the public liability insurer of the shop, centre, pub, landlord, contractor or road authority that pays the compensation and controls the defence of any personal injury action.

Common Public Liability Claims

Claims Against Shopping Centres

Claims against Shopping Centres and Retail Premises generally have a higher prospect of success. It is accepted in law that the operators of premises have a duty of care to take reasonable care to shoppers. These claims typically involve negligence in maintaining safe shopping environments, such as wet floors without signage, unsecured mats, poor lighting, or unaddressed spills.

Dog Attacks

Dog attacks are an unusual situation where the injured person does not need to prove negligence. Section 46 of the Dog Act 1976 states (amongst other things) that the owner of any dog shall be liable, subject to any contributory negligence, in damages for injury to any person or animal inflicted. These claims usually involve physical harm and psychological trauma.​

Evidence You Need – FOI Request

  • Request council or authority inspection logs, cleaning schedules, and maintenance documentation.

  • Ask for any prior complaint records and incident reports.

  • Request CCTV or video evidence if available.

  • Preserve footwear and take photos/video of the hazard as soon as possible.

  • Reference the Freedom of Information Act 1992 (WA) when seeking council or authority records.

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Worksite Incidents & Third-Party Claims (WA)

Workplace Injuries involving third parties are usually the most overlooked public liability claims. Workers can make third-party claims (distinct from workers’ compensation) when someone other than their employer caused the injury—for instance, where an employee of another company operating on the same site negligently caused injury to the person. These claims fall under general negligence law rather than workers’ compensation statutes.​

We help you:

  • Coordinate your workers’ compensation and third-party negligence claims including against host employers, contractors and subcontractors.
  • Gather site control, induction records, SWMS (Safe Work Method Statements), supervision evidence, and proof of hazard rectification.
  • Protect your rights and maximise your compensation payout.

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100+ Years PI Experience

You matter to us. Your case will be led by our senior team, with 100+ years of combined personal injury experience!

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We are from WA. We are your neighbours, friends, brothers, and sisters. We are part of your community.

We Help to Protect Your Interests!

Most public places are fully insured. When you make a public liability claim, in most cases, the defendants or their insurers may readily have a panel of lawyers in place to fight against your claim.

In some public liability claims the claim involves multiple parties that are all insured and with their own legal teams. In this situation, the injured person (i.e, plaintiff), will need to fight against not one, but multiple lawyers at the same time.  This can be quite stressful for injured people who are dealing with it alone without help.

Don’t face it alone. Foyle Legal can help!

Our experienced public liability lawyers bring a rare advantage — having worked on both sides of public place injury claims. This dual perspective gives us invaluable insight into how insurance companies and defendants operate. With extensive experience and a deep understanding of public liability law, we are dedicated to helping injured people navigate the complex legal system and achieve the best possible outcome. Our practical knowledge and strategic insight ensure that your rights and interests are fully protected at every stage of the claim.

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What compensation can you claim?

Heads of damage

  • Medical & rehabilitation (past and future)
  • Income loss & loss of earning capacity
  • Paid and voluntary care; travel expenses
  • Pain & suffering (general damages thresholds apply in WA)

What drives value

  • Surgery/complications and permanent impairment
  • Impact on job and future earning capacity
  • Long‑term care needs and credibility of evidence
  • Liability strength (systems, logs, warnings)

Ready to get started?

Book your 100% free claim check now, and discover your best pathway to fair public liability injury compensation—tailored to WA law.

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Public Liability Claims in WA

Can I make a public liability claim in WA?

You can make a public liability claim if you are injured as a result of someone elses negligence in Western Australia. Usually personal injury lawyers will only act regarding that claim if the person or company who caused the accident is insured.

Public liability claims often rely on the Occupiers Liability Act 1985 which imposes an obligation on an occupier of premises regarding dangers which are due to the state of the premises or to anything done or omitted to be done on the premises. The Act says that the obligation owed to a person entering on the premises is to take reasonable to see that that person will not suffer injury or damage by reason of any such danger.

Public liability claims are usually more difficult than other claims like motor vehicle claims or workers compensation claims and it is often necessary to commence legal proceedings before any compensation is paid.

In the past, many public liability claims were successfully brought against local councils and government authorities. As an example the High Court case Nagle v Rottnest Island Authority HCA 76 marked a high point for public liability claims against councils and government bodies in Australia. In this case the Plaintiff suffered quadriplegia after diving from a rock ledge into a swimming area at Rottnest Island and striking his head on a submerged rock. In that case the Rottnest Island Authority had actively encouraged public use of the area but failed to provide any warnings of underwater dangers and was found liable to the Plaintiff.

After the Nagle decision and similar cases, legislatures sought to limit the liability of government bodies, especially for claims involving public infrastructure or discretionary safety measures. Section 5Z of the Civil Liability Act 2002 (WA) provides that: “A road authority is not liable in proceedings for harm arising from a failure of the authority to carry out, or consider carrying out, road work”. Although it refers specifically to road authorities, it reflects a broader legislative policy insulating government agencies from liability where the alleged negligence arises from policy or resource-allocation decisions rather than operational failures. As a result of the Civil Liability Act 2002 (WA) it is generally more difficult to succeed in a claim against local government and government bodies in Western Australia.

Try this free public liability claim checker!

Common examples of public liability claims in WA

The most common places where public liability claims occur are as follows

  • Shopping centres
  • Restaurants
  • Bars / Nightclubs
  • Sporting events (special restrictions apply)
  • Roads and public pathways (special restrictions apply)
  • Playgrounds and sports centres

In the event that a public liability injury occurs in the course of a person’s employment, you may be able to make a Workers’ Compensation Claim. Note – The injured worker will not have to prove negligence in a WA workers compensation claim.

If the injury involved the use of a licenced motor vehicle, motor accident victims may be able to make a Motor Vehicle Injury Claim.

Public Liability Claims Process

There is no one-size-fits-all formula for all public liability claims in WA. What you should do after an injury in a public place largely depends on the circumstances and severity of your injury. Foyle Legal guides public liability clients through the claim process and helps them to get the compensation they deserve.

If you were injured in a public place, and believe that you have a public liability claim, it is advisable that you advise the liable party of the circumstances of the injury as soon as possible, seek medical treatment and tell your doctor about where you were injured, and how you were injured.

Generally, recording the following information will assist the smooth progress of your public liability claim in WA:

  • Request a copy of the incident report
  • Record the names, addresses and contact information of any witness who has seen the public liability incident
  • Keep a record of medical receipts and dates of treatments
  • Take photos of your injury, and record the date of injury
  • Take dated photos of the accident site/circumstance that caused your injury immediately after injury if possible
  • Keep records of any loss of wages or other types of income as a result of your injury

Who do I claim Public Liability Compensation Against?

Public liability claims are most commonly made against the occupiers of property (e.g. companies running a shop or supermarket), public authorities such as electricity and water authorities and third parties who are involved in a person’s work-related accident. Some public liability claims examples are set out below.

Occupiers Liability

Jean goes shopping at the local supermarket, she slips on water leaking from a fridge. Subsequent investigation reveals that the shopping centre knew of the leaky fridge and took no action. Jean could take an action in negligence against the shopping centre.

Public Authorities

The Electricity Company workmen perform work on a power pole located near Jason’s house. The power pole is rotten at the bottom and falls over severely injuring Jason. Jason could sue the electricity company.

Third-Party Company

Todd works for a boring contractor on a site controlled by a large mining company. The foreman from the large mining company leaves the entry to a mine shaft open and Jason falls into the mine shaft. Jason could sue the large mining company directly.

What public liability claims payouts can I claim?

If you have made a public liability claim, you can claim the following public liability compensation, if applicable to your situation:

  • Past and future medical expenses;
  • Past and future economic loss;
  • Pain and suffering damages;
  • Loss of business profits;
  • For voluntary services provided by your family and friends assisting you with domestic chores, self-care and travel to medical appointments;
  • Paid services (e.g. cost of someone to mow the lawn, costs of a paid carer); and
  • Travel expenses

No Win No Fee Public Liability Claim Lawyers

Benefits of Engaging No Win No Fee Lawyers at Foyle Legal

The usual procedure when you engage a lawyer is the lawyer charges you on a regular basis for work done regardless of whether you win or lose. A no win no fee lawyer will only charge you a fee if you are successful in settling your claim for compensation or obtaining a successful judgement. The no win no fee arrangement does not mean you have nothing to lose. If you go to trial and lose then you will have to pay the other party’s legal costs and disbursements such as court costs and medical costs.

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Call 1300 300 966 for immediate assistance, or complete the form for a free case review from our expert personal injury lawyers.

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    We’ll explain your rights and how to maximise your Compensation.
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Public Liability Claim at Foyle Legal

What types of injuries does Foyle Legal handle for public liability claims?

We help clients across WA recover for a range of injuries, including slips, trips, falls, and serious fractures. To learn more, see our Common Injuries page.

Which compensation pathways can Foyle Legal support?

Our team handles all personal injury claims in WA, including but not limited to public liability, motor vehicle (ICWA), workers’ compensation (WorkCover WA), and TPD claims for Western Australians. Full details are explained in our Personal Injury Page.

How does Foyle Legal’s Free Claim Check work?

You’ll get a quick response from a qualified lawyer—no obligation and confidential. Get started with our Free Claim Check and find out where you stand.

Can I book an obligation-free call with a lawyer?

Yes. All WA public liability enquiries come with an obligation-free consultation. Book a chat any time via Contact for friendly advice.

What does No Win No Fee mean for my claim?

No Win No Fee at Foyle Legal means you pay no legal fees unless your public liability claim succeeds. See our No Win No Fee cornerstone for full transparency on costs.

How does the personal injury claim process work in WA?

We guide you through every step, from start to settlement. To see our full approach, visit Foyle Legal — Personal Injury Personal Injury Claim Process for a simple explanation.

Where can I learn more about WA injury claims?

Start here: our WA Personal Injury FAQs, the Foyle Legal Blog, and our podcast. Plain-English guides, updates, and real WA case insights.

→ Ready to check your eligibility? Free Claim Check.

Foyle Legal Provides Legal Services to all of WA

What suburbs in Perth does Foyle Legal provide legal representation to?

Looking for best personal injury & workers compensation lawyers near you in Perth? Foyle Legal provides legal representation for WorkCover claims, workplace injury claims, motor vehicle accident claims, public liability claims, medical negligence claims, criminal injuries compensation claims.

We handle all WA personal injury matters across Perth, including the northern suburbs, southern suburbs, Perth CBD, eastern suburbs, western suburbs, and Fremantle.

North of the river – Northern Suburbs

Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep

South of the River – Southern Suburbs

Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop

Perth Inner City

Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth

Eastern Suburbs

Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale

Western Suburbs

Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley

Fremantle

East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle

Does Foyle Legal provide Legal presentation to surrounding areas of Perth?

Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.

Avon Valley

Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo

North Coast & Valleys

Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge

Peel Region

Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra

Perth Hills

Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong

Swan Valley

Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman

Does Foyle Legal provide legal service to clients in Regional WA?

Yes, we service all of WA, including remote or regional areas of Western Australia.

Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole

Foyle Legal was Founded by Christian Foyle in Perth, Western Australia

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Last Reviewed: Feb 14, 2026

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