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Public liability · Car parks

Injured in a Queensland car park - on foot or struck by a vehicle.

Car park operators must take reasonable care with surfaces, wheel stops, stairs and lighting. If a vehicle hit you, the claim usually goes to that vehicle’s CTP insurer instead, under different rules and time limits.

  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.

This place, and who looks after it

Who may be responsible.

It depends on which part of the place you were hurt in, and who was looking after it.

  1. The surface

    The car park operator

    Responsible for surfaces, wheel stops, signs and lighting.

    Ask for: Inspection and cleaning records, CCTV

  2. Stairs and lighting

    The property or centre owner

    Often responsible for the structure, stairs and lifts.

    Ask for: Maintenance records and incident reports

  3. A vehicle

    The vehicle’s CTP insurer

    If a car hit you, a CTP claim is usually made against its insurer.

    Ask for: The registration number and the driver’s details

Where more than one may be responsible, the claim can be made against each of them.

Time limits

The clock starts on the day you’re hurt.

  1. 9 months

    Notice of claim Due first

    Within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (PIPA s 9)

  2. 1 month

    The operator replies

    They must reply to your notice within 1 month. (s 10)

  3. 6 months

    Liability decision

    Within 6 months of receiving your complete notice, they must tell you in writing whether they admit liability. (s 20)

  4. 3 years

    Court action

    Proceedings generally must start within 3 years of the injury. For a child, the 3 years start at 18.

Missed the 9 months? Notice can still be given, with a reasonable excuse for the delay. Call us before the 3 years run out.

How people get hurt here

How people get hurt in car parks.

On foot it’s usually the surface or the lighting. Hit by a car, it’s usually a CTP claim.

  • Broken surfaces and wheel stops

    Potholes, raised edges and unpainted wheel stops.

  • Struck by a vehicle

    Reversing and moving cars. Usually a CTP claim.

  • Stairs and ramps

    Worn edges, missing rails and slippery ramps.

  • Poor lighting

    Dark corners where a hazard couldn’t be seen.

  • Trolleys

    Runaway trolleys and crowded trolley bays.

The test

What has to be proved.

The Civil Liability Act 2003 (Qld) sets out the test. Each step has to be met.

  1. The risk was foreseeable

    Whoever was responsible knew, or ought to have known, about the risk. (s 9)

  2. It wasn’t insignificant

    The risk was more than trivial. (s 9)

  3. A reasonable person would have acted

    Such as inspecting, repairing, warning or supervising. (s 9)

  4. It caused your injury

    The hazard was a necessary part of how you were hurt. (s 11)

  5. They should be responsible

    It’s appropriate for them to be liable for the harm. (s 11) They may argue the risk was obvious. (ss 13–15)

Straight after

What to do now.

  1. Report itTell the car park operator or centre management what happened. Ask for a copy of the incident report, or photograph it.
  2. Photograph the hazardWith a coin or shoe beside it for scale, and the area around it.
  3. Ask for the CCTV to be keptIn writing. Footage can be recorded over. If a car hit you, also call police.
  4. See a doctorEven if it seems minor. Keep your receipts.

Compensation

What you can claim.

  • Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
  • Past lost earningsWages and super you’ve lost since the injury.
  • Future lost earningsIf the injury affects your work. Future amounts are converted to a present-day lump sum using a 5% discount rate. (s 57)
  • Care from familyIf it’s needed for at least 6 hours a week for at least 6 months. (s 59)
  • Medical costsTreatment, medication and travel you’ve already paid for.
  • Future treatmentSurgery, therapy and aids you’re likely to need.

What you can claim depends on your injury and your circumstances.

How your claim runs

From the first call to court, if it’s needed.

  1. No-obligation first consultation

    We look at what happened, who may be responsible and your time limits.

  2. Notice of claim

    We give notice to everyone who may be responsible.

  3. They respond

    They have 1 month to reply, and 6 months to say whether they admit liability.

  4. Evidence

    Medical reports, footage, records and statements are gathered and exchanged.

  5. Compulsory conference

    A meeting to try to settle. If it doesn’t, both sides make written final offers.

  6. Court, if needed

    Proceedings generally must start within 3 years of the injury.

Costs

What it costs you.

No win, no fee*

If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)

Questions

Straight answers.

Usually not. Injuries caused by a vehicle are generally claimed against its CTP insurer. CTP notice is generally due within 9 months of the crash, or 1 month after you first consult a lawyer about a possible claim, whichever comes first. If the vehicle can’t be identified, it’s due within 3 months. (Motor Accident Insurance Act 1994 (Qld) s 37)

Helpful reading.

Hurt in a car park? Talk to us first.

Tell us where, when and what happened. We’ll tell you whether it’s a public liability or a CTP claim, and what to do this week.

General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.