SA Public Liability Eligibility Check

South Australia public liability claim, explained

A South Australian 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. SA public liability is governed by the Civil Liability Act 1936 (SA), which sets out duty of care, causation, contributory negligence, caps on general damages, and the ISV (Injury Scale Value) scale used to assess pain and suffering.

Types of South Australian public liability claims

• Slip, trip and fall - shopping centres, supermarkets, restaurants, hotels, gyms across Adelaide and regional SA.
• Council and road authority claims - subject to specific Civil Liability Act road authority defences and notice rules.
• Dog attacks - typically covered by the owner's home and contents public liability cover.
• Defective products - common law negligence + Australian Consumer Law product safety claims.
• School and childcare injuries - high duty of care; extended limitation periods for child claimants.
• Sport and recreation injuries - subject to risk warnings and the obvious risk doctrine.
• Aged care injuries - Royal Commission standards apply.
• Hospitality injuries - hotels, pubs, restaurants - common across Adelaide.

The Civil Liability Act 1936 (SA)

Key provisions of the SA Civil Liability Act:

• Duty of care - the standard of care a reasonable person would have observed.
• Causation - 'but for' test plus scope of liability.
• Contributory negligence - reduces damages by your percentage of responsibility.
• General damages caps - capped maximum amount for non-economic loss with sliding scale below ISV thresholds.
• Road authority defences - special protections for councils and road authorities.
• Risk warnings and obvious risk - defences for some recreational activities.
• Loss of earning capacity - capped at a multiple of average weekly earnings.

The ISV scale in SA

South Australia uses an Injury Scale Value (ISV) scale similar to Queensland's for assessing general damages. Each injury is rated 0 to 100, with each ISV value translating to a defined dollar bracket. The scale CPI-indexes annually.

• ISV 0-5: minor injuries, $0 - $9,000.
• ISV 6-15: minor to moderate, $9,000 - $24,000.
• ISV 16-30: moderate, $24,000 - $58,000.
• ISV 31-50: serious, $58,000 - $115,000.
• ISV 51-75: very serious, $115,000 - $270,000.
• ISV 76-100: catastrophic, $270,000+.

SA public liability payout ranges

• Minor slip and fall: $15,000 - $80,000.
• Slip and fall with surgery: $80,000 - $400,000.
• Dog attack with scarring: $40,000 - $300,000.
• School / childcare injury: $30,000 - $300,000.
• Defective product (serious injury): $80,000 - $1,500,000+.
• Aged care fall: $60,000 - $400,000.
• Catastrophic public liability: $1,000,000 - $8,000,000+.

SA time limits

• 3 years from date of injury (or date you knew or ought to have known) for most adults.
• Children have until their 21st birthday.
• Notice to Council/road authority - check the specific notice rules in the Civil Liability Act for road authority claims.

Cities and regions covered

Adelaide CBD, Adelaide Eastern Suburbs, Adelaide Hills, Northern Adelaide, Southern Adelaide, Western Adelaide, Mount Gambier, Whyalla, Port Augusta, Port Lincoln, Murray Bridge, Renmark, and regional SA.