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.
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The surface
The car park operator
Responsible for surfaces, wheel stops, signs and lighting.
Ask for: Inspection and cleaning records, CCTV
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Stairs and lighting
The property or centre owner
Often responsible for the structure, stairs and lifts.
Ask for: Maintenance records and incident reports
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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.
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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)
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1 month
The operator replies
They must reply to your notice within 1 month. (s 10)
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6 months
Liability decision
Within 6 months of receiving your complete notice, they must tell you in writing whether they admit liability. (s 20)
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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.
The risk was foreseeable
Whoever was responsible knew, or ought to have known, about the risk. (s 9)
It wasn’t insignificant
The risk was more than trivial. (s 9)
A reasonable person would have acted
Such as inspecting, repairing, warning or supervising. (s 9)
It caused your injury
The hazard was a necessary part of how you were hurt. (s 11)
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.
- Report itTell the car park operator or centre management what happened. Ask for a copy of the incident report, or photograph it.
- Photograph the hazardWith a coin or shoe beside it for scale, and the area around it.
- Ask for the CCTV to be keptIn writing. Footage can be recorded over. If a car hit you, also call police.
- 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.
No-obligation first consultation
We look at what happened, who may be responsible and your time limits.
Notice of claim
We give notice to everyone who may be responsible.
They respond
They have 1 month to reply, and 6 months to say whether they admit liability.
Evidence
Medical reports, footage, records and statements are gathered and exchanged.
Compulsory conference
A meeting to try to settle. If it doesn’t, both sides make written final offers.
Court, if needed
Proceedings generally must start within 3 years of the injury.
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)
It can. Poor lighting can make a hazard harder to see, and lighting is something the operator is expected to manage.
Not always. Whether a risk was obvious depends on the facts: the lighting, paint markings and where you were walking.
Notice of claim must be given within 9 months of the incident (or of first symptoms, if they appear later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (Personal Injuries Proceedings Act 2002 (Qld) s 9) Court proceedings generally must start within 3 years. For a child, the 3 years start at 18.
Helpful reading.
Hurt somewhere else?
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.