By Talk to a Lawyer · Published 19 September 2026 · 3 minute read
A public-liability enquiry may follow an injury in a shop, venue, footpath, rental property or other place. The location alone does not establish responsibility. Explain the event, who controlled the area as far as you know and what evidence is available, then ask for an assessment of the relevant duties, facts and legal pathway.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find public liability providers →Preserve the condition and incident record
Keep dated photographs, an incident report, witness details and correspondence. Describe the condition at the time rather than relying only on a later inspection. If footage may exist, tell the adviser promptly so appropriate preservation steps can be considered. Do not alter the scene, trespass or obtain records through unauthorised access.
Connect the event with the injury and loss
Provide a timeline of symptoms, treatment, expenses, assistance and work impact. Distinguish personal observations from medical conclusions. Tell the adviser about any previous relevant condition so the assessment is accurate. Ask which further records or expert opinions are needed before paying for reports that may not answer the legal question.
Understand responsibility and proportionality
Several parties may be involved in owning, occupying, maintaining or operating a place. Ask who needs to be identified and what investigation is justified. Discuss likely costs, funding terms and possible risks before proceeding. A specialist can explain whether the evidence supports further work without promising compensation from the fact an accident occurred.
Distinguish an incident report from an admission
A business or venue may record an incident without agreeing that it is legally responsible. Keep the report and any response in their original form, and avoid describing routine assistance as an admission unless the adviser confirms its significance. Record the physical condition, witnesses and what happened as accurately as possible. Ask what further evidence is proportionate to obtain. This gives the assessment a factual foundation and helps you understand why a lawyer may need more than a report number or photographs taken much later.
Compare the scope and cost of advice
Compare injury and insurance services using the actual claim stage and proposed funding agreement. Ask whether direct applications, free support or scheme-specific assistance are available. If conditional fees are offered, read how professional fees, reports, external expenses and termination are handled. An advertised outcome or a no-win-no-fee label does not explain the evidence required or every possible cost.
- Initial assessment
- Ask which scheme or policy is being considered, what evidence is missing and whether the first review creates any fee or report commitment.
- Evidence and claim work
- Confirm who requests records and experts, how costs are approved and whether the service includes responses to further information requests or insurer decisions.
- Offer or dispute
- Ask how an offer is explained, what deductions or releases require consideration and whether complaints, reviews or proceedings are included in the agreed scope.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A visitor falls near a recently cleaned entrance. They preserve the incident report and witness details and explain the conditions they observed, allowing the adviser to investigate responsibility instead of relying on the fall alone.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I was injured at [place] on [date]. There is [an incident report, photos or witnesses], and [an insurer has or has not responded]. Can you assess responsibility, necessary evidence and the costs and risks of the next stage?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about public liability
Is the property owner always responsible?
Ask who controlled the relevant risk and what the law requires; ownership alone does not settle liability.
Should I accept an early offer for expenses?
Obtain advice on what the offer covers and any release before assuming it is only reimbursement of immediate costs.
Further reading and scope
Legal Aid NSW: legal words and personal injury terminology
NSW terminology; individual injury claims and compensation schemes need separate assessment.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.