WA Public Liability Eligibility Check

WA public liability claim, explained

A Western 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. WA public liability is governed by the Civil Liability Act 2002 (WA), which sets out duty of care, causation, contributory negligence, and caps on certain heads of damage. The Limitation Act 2005 (WA) applies the 3-year limitation period.

The pre-trial negotiation phase is critical; most WA public liability matters resolve before any court hearing. Where a matter does proceed to litigation, it's filed in the District or Supreme Court of WA depending on quantum.

Types of WA public liability claims

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

Civil Liability Act 2002 (WA) - key provisions

• 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.
• Non-economic loss caps - WA caps general damages with specific reform thresholds for catastrophic injury.
• Loss of earning capacity - capped at three times average weekly earnings.
• Road authority defences - special protections for councils and road authorities.
• Risk warnings and obvious risk - defences for some recreational activities.

WA 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+.
• Mining/resource industry visitor injury: $100,000 - $2,000,000+.
• Catastrophic public liability: $1,000,000 - $8,000,000+.

WA 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.
• Limitation Act 2005 (WA) - strict limitation rules; lodge early to preserve rights and evidence.

Cities and regions covered

Perth metropolitan (CBD, North, South, East, West), Fremantle, Joondalup, Mandurah, Rockingham, Bunbury, Geraldton, Albany, Esperance, Kalgoorlie and the Goldfields, Karratha and the Pilbara, Broome and the Kimberley, and regional WA.