Public liability · Stairs and balconies
You fell from a stair, balcony, deck or unguarded edge in Queensland.
Whoever controls a building must take reasonable care to keep its stairs, balconies and edges safe. Building standards can help show what that care required. Your claim turns on what was wrong, who knew, and who was responsible for fixing it.
- 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 stairs
The occupier
Whoever controls the property: an owner, a tenant or a business.
Ask for: Repair records and earlier complaints
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The balustrade
The builder or tradesperson
If the stair, deck or balustrade was built or repaired badly.
Ask for: Approvals, plans and inspection certificates
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Common areas
The body corporate or landlord
For shared stairs and balconies in units, and for rented homes.
Ask for: Body corporate minutes and maintenance records
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 occupier 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 falls happen.
Many come down to a part of the building that wasn’t built, checked or repaired properly.
Low or broken balustrades
Rails that are too low, too far apart, loose or rotten.
Steep or uneven stairs
Irregular steps, missing handrails or worn edges.
Decks that give way
Timber, fixings or supports that failed.
Unmarked edges
A step or drop with no rail or warning.
Slippery treads
Wet or polished steps with no grip.
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 owner, occupier or body corporate 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.
- Keep what gave wayDon’t let anyone throw away a broken rail or tread. Photograph it in place.
- 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.
It can, but it isn’t the end of it. The question is whether reasonable care was taken. A rail that was loose, damaged or never checked can still be a problem, whatever the rules were when it went in.
Often, yes. A claim is usually made against the owner’s or occupier’s insurance, if they have it, rather than paid from their own pocket. We can help find out what cover is in place.
Not necessarily. Being intoxicated can reduce compensation, but it doesn’t automatically rule out a claim.
Others may still be, such as the occupier or the body corporate. We look at everyone who may be responsible.
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?
Fell from a stair or balcony? Talk to us first.
Tell us where it happened, what gave way and when. We’ll tell you who may be responsible 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.