Public liability · Pools
Injured at a Queensland pool, or lost a loved one there?
A pool operator must take reasonable care with its concourse, depth markings, supervision and barriers. Your claim turns on what the operator knew, and what it did about it. Ask early for the incident report and footage.
- 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 concourse
The pool operator
Supervision, lifeguards, signs, cleaning and first aid.
Ask for: Incident report, lifeguard rosters, CCTV
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The building
The facility owner
Often a council: the building, fencing, gates and repairs.
Ask for: Maintenance and inspection records
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Lifeguards
A contractor
A lifeguard service, cleaner or maintenance contractor.
Ask for: Contracts, rosters and service 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 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 at pools.
The question is always what the operator knew, and what it did to manage the risk.
Wet concourses
Slippery tiles, steps and change rooms.
Shallow-water diving
Unclear depth markings and missing signs.
Supervision
Too few lifeguards, or a swimmer in trouble not seen.
Pool chemicals
Chemical burns and breathing problems.
Steps and ladders
Broken ladders, missing rails and worn steps.
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 pool staff or the duty manager 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, to the operator. Footage can be recorded over.
- 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.
Possibly. The question is whether supervision was adequate for the number of swimmers and the risks, not just whether someone was on duty.
It may be argued. Whether a risk was obvious, or a defence for dangerous recreational activities applies, depends on the facts: depth markings, signs and supervision. Get advice early.
Some family members may be able to claim for their own losses, such as financial support. We can explain what applies.
The same notice and time limits apply. A council is often the facility owner, with a contractor running the pool, so both may be involved.
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 at a pool? Talk to us first.
Tell us which pool, when and what happened. 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.