Tasmania Public Liability Claims – Need to Know facts

In order to commence a public liability claim in Tasmania, a plaintiff must establish the following factors: 

• The plaintiff sustained an injury in a public / an open-to-the-public space in Tasmania;
• The organisation or person in charge of the space owed a duty of care to the plaintiff;
• The plaintiff can identify the person or organisation at fault;
• The organisation or person was negligent and breached their duty of care owed to the plaintiff;
• The organisation or person’s breach of duty of care caused the plaintiff’s injury; and
• The claim is within statutory deadlines (see further below in this article discussions regarding time limits in Tasmania for public liability claims).

A plaintiff must provide evidence in support of a public liability claim and their injuries. This includes providing details relating to the incident, such as times, dates, addresses, witness information. Photographs and video evidence is often useful in a public liability claim, especially contemporaneous photographs of the injuries suffered, such as cuts and bruises.