Public liability evidence guide
A public-liability evidence file should connect the event, hazard, control, injury, treatment, causation and loss through original dated records. Not every accident gives rise to compensation. Responsibility depends on the facts, control of the place or hazard, reasonable care, causation, injury, loss and available evidence.
A public-liability evidence file should connect the event, hazard, control, injury, treatment, causation and loss through original dated records. It may, but the event alone does not establish liability. Preserve the scene evidence, identify who controlled the area, obtain medical review and check whether the records connect the hazard to the injury and loss.
Use this guide to organise the early factual and medical record before assuming who is legally responsible. A public-liability evidence file should connect the event, hazard, control, injury, treatment, causation and loss through original dated records.
The potential defendant, occupier, owner, contractor and their insurer may take different positions; identify the decision-maker before responding. Control is factual and may be divided. Ownership alone does not always identify who inspected, warned, repaired, supervised or responded.
Keep originals, dates and source details. A reliable file should explain the event, hazard, control, injury, treatment and loss without rewriting the source documents.
Scene evidence can change quickly. Ask for preservation rather than assuming footage will be supplied, and record enough detail for the relevant material to be identified.
The strength of the file depends on source records, dates and consistency. A polished summary cannot replace missing original evidence. The real issue is often not whether an injury occurred, but whether a relevant party failed to take reasonable care and whether that failure caused the injury and loss.
These errors do not automatically decide a claim, but they can make the facts harder to prove or explain.
Build a dated chronology and preserve the best source records before responding to the occupier, organisation or insurer.
The same event may engage another pathway depending on whether work, a motor vehicle or long-term work incapacity is involved.
NSW Injury Claims is a specialised injury-claims branch of Stephen Young Lawyers. Assistance may include identifying the likely pathway, checking the decision-maker, reviewing evidence gaps and clarifying practical next steps. This is general information only and does not promise an outcome.
Send your claim detailsDocuments and records
Premises claims can turn on early incident evidence, so preserve photos, reports and witness details where possible.
Common questions
Short general answers only. The right next step depends on the facts, dates and documents.
No. Liability depends on the circumstances, the risk, control, reasonable precautions, causation, injury, loss and evidence. An accident or poor outcome alone is not enough.
The potential defendant, occupier, owner, contractor and their insurer may take different positions; identify the decision-maker before responding. Control is factual and may be divided. Ownership alone does not always identify who inspected, warned, repaired, supervised or responded.
CCTV is only one source. Photographs, incident reports, witnesses, cleaning or maintenance records, medical notes and correspondence may still help explain what happened.
Keep the written reasons and evidence relied on. Check for factual errors and missing records, and obtain advice about the applicable response process or date rather than sending a general reply.
Public liability enquiry
Send the location, incident details, photos or reports if available, and the treatment position. Public liability questions often turn on early evidence.
