QLD Public Liability Eligibility Check

Queensland public liability claim, explained

A Queensland public liability claim is a personal injury claim against a person or organisation whose negligence caused you injury in a public place or on their premises. QLD public liability is governed by the Civil Liability Act 2003 (Qld) (substantive duty of care, caps and thresholds) and the Personal Injuries Proceedings Act 2002 (PIPA) (pre-court procedural framework).

The PIPA pre-court process is mandatory: a Notice of Claim is served on the defendant, who has 1 month to respond admitting or denying liability. Both sides exchange medical and earnings evidence and attend a Compulsory Conference (a structured settlement negotiation). Most QLD public liability claims settle at or before Compulsory Conference; only unresolved matters proceed to court.

Types of Queensland public liability claims

• Slip, trip and fall - shopping centres, supermarkets, restaurants, hotels, gyms across Brisbane, Gold Coast, Sunshine Coast and regional QLD.
• Council footpath and road claims - subject to Civil Liability Act road authority defences.
• Dog attacks - typically covered by owner's home insurance public liability cover.
• Defective products - common law negligence + Australian Consumer Law product safety claims.
• School and childcare injuries - high duty of care; extended child limitation periods.
• Sport and recreation injuries - subject to QLD's specific risk-warning requirements.
• Aged care and disability care injuries - Royal Commission standards apply.
• Hotel, Airbnb and tourism injuries - common given QLD's tourism economy.

The Injury Scale Value (ISV) scale

Queensland's Civil Liability Regulation 2014 uses an Injury Scale Value (ISV) system to calculate general damages (pain and suffering). Each injury type is rated 0 to 100, and each ISV band corresponds to a general damages amount set out in the regulation. The ISV scale is critical to QLD claim quantum:

• ISV 0-5 - very minor injuries.
• ISV 6-15 - minor to moderate injuries.
• ISV 16-30 - moderate injuries.
• ISV 31-50 - serious injuries.
• ISV 51-75 - very serious injuries.
• ISV 76-100 - catastrophic injuries.

The amounts for each band are published in the Civil Liability Regulation 2014 (Qld) and indexed annually. The ISV assigned to an injury has a direct effect on general damages, so the medical evidence supporting classification matters.

QLD public liability payouts: what determines the amount

Amounts vary widely and depend on the ISV rating of the injury, past and future economic loss, treatment and care needs, any contributory negligence, and the strength of the liability evidence. The Civil Liability Act 2003 (Qld) and the Civil Liability Regulation 2014 (Qld) set the framework - the current text of both is on the Queensland legislation website. A lawyer can explain how the framework applies to your injury.

QLD time limits and PIPA traps

• 3 years from date of injury for most claims (Limitation of Actions Act 1974 (Qld)).
• Children have until 21st birthday.
• Notice of Claim served on defendant with sufficient time before limitation - aim for at least 6 months before to allow PIPA pre-court process to run.
• Compulsory Conference - typically 12-18 months after Notice; mandatory before any litigation.

Cities and regions covered

Brisbane CBD, North and South Brisbane, Logan, Ipswich, Redlands, Moreton Bay, Gold Coast, Sunshine Coast, Toowoomba, Darling Downs, Cairns, Townsville, Mackay, Rockhampton, Bundaberg, and regional QLD.