Gathering Evidence for Public Liability Claims in Townsville

To gather evidence for a public liability claim in Townsville, you should immediately photograph the hazardous area, collect witness contact details, report the incident to the property owner, and seek prompt medical attention.  

These actions are essential for proving negligence and strengthening your compensation claim under Queensland law. 

If you’ve been injured in a public place—such as a shopping centre, park, or rental property—you may be entitled to damages. However, your success depends largely on the strength of your evidence. 

This guide outlines the key steps to documenting unsafe conditions and obtaining reliable witness statements, specifically for public liability claims in Townsville.

Whether your accident occurred in a local business, on council property, or at a private event, timely and effective evidence-gathering can make a significant difference. 

What is a Public Liability Claim? 

A public liability claim is a legal process for seeking compensation when an injury occurs due to someone else's negligence in a space that is accessible to the public.

These claims are governed by Queensland’s Civil Liability Act 2003, which sets out the obligations of property occupiers and owners to take reasonable care for the safety of visitors. 

Examples of incidents that may lead to a public liability claim include: 

• Slipping on an unmarked wet floor in a supermarket 

• Tripping over a broken pavement in a public park 

• Falling due to inadequate lighting in a car park 

• Being struck by falling objects in a retail store 

• Dog attacks in public areas or private properties open to guests 

In each case, you must demonstrate that the injury was caused by a breach of the occupier’s duty of care. Gathering the right evidence early on is essential. 

Why Evidence is So Important 

Under Queensland law, the injured party (plaintiff) bears the burden of proof. This means that if you are claiming compensation, you must provide sufficient evidence to establish: 

1. The property owner or occupier owed you a duty of care 

2. They breached that duty through negligence 

3. The breach directly caused your injury 

4. You suffered loss or damage as a result (e.g. medical costs, loss of income, pain and suffering) 

Without evidence to support each of these points, your claim could be denied or undervalued. That’s why swift and thorough documentation is critical. 

Step 1: Documenting Unsafe Conditions 

As soon as possible after your injury—once you are safe—start gathering evidence from the scene. Even if the hazard is removed or repaired later, your documentation will serve as a crucial record of the unsafe conditions at the time. 

Take Clear Photographs and Videos 

Use your phone to capture: 

• The exact location of the incident 

• The hazard that caused your injury (e.g. a spill, broken tiles, loose railing) 

• Absence of warning signs or safety barriers 

• Weather conditions, if relevant (especially for outdoor areas) 

• Any visible injuries you sustained 

Take photos from different angles and distances to give a full context. If the location has CCTV, take note of camera placements in case footage can be obtained later. 

Preserve Any Physical Evidence 

If your clothes, shoes, phone or personal items were damaged in the incident, keep them. They may support your account of what happened and illustrate the force or nature of the accident. 

Record Your Account While It’s Fresh 

Write down or record a voice note with as much detail as you can remember, including: 

• Date and time of the incident 

• Exact location and nature of the hazard 

• How the accident unfolded 

• Whether you reported it and to whom 

• Names of any staff or bystanders you spoke with 

This helps ensure your story remains consistent throughout the claim process. 

Step 2: Securing Witness Statements 

Eyewitnesses can help validate your claim by confirming what they saw, especially if the hazard is no longer visible later. 

Identify Witnesses at the Scene 

Look around immediately after the incident and approach people nearby. Politely ask if they saw what happened and whether they’d be willing to provide a statement. Collect their: 

• Full name 

• Contact number and email 

• Brief outline of what they observed 

Even if they don’t want to provide a formal statement on the spot, your solicitor may follow up later for a more detailed version. 

What Should a Witness Statement Include? 

A helpful statement should describe: 

• Where the witness was standing or sitting 

• What they saw before, during and after the accident 

• Any interaction between the injured person and staff 

• Observations about the environment (e.g. slippery floor, lack of lighting) 

• Whether anyone appeared to acknowledge the hazard or injury 

Witnesses who are independent (not family or friends) are often seen as more credible. 

Step 3: Seek Prompt Medical Attention 

Medical records are key to proving the nature and extent of your injury. As soon as possible after the incident: 

• Visit your GP or hospital and describe how the injury occurred 

• Follow all medical advice and attend any follow-up appointments 

• Request copies of reports, scans, prescriptions, and treatment notes 

These documents will link your injury to the accident and support claims for medical costs, pain and suffering, and future care needs. 

Step 4: Report the Incident 

Failing to report the injury can raise doubts about the seriousness or validity of your claim. Always make a formal report to the relevant party: 

• In a shopping centre or store: report to the manager or security 

• On council land: report to Townsville City Council (preferably in writing) 

• In a rental property: notify the landlord or property agent 

• At a private event: speak to the organiser or venue manager 

Ask for a copy of any incident report or correspondence. 

Step 5: Engage a Local Solicitor 

Having the support of an experienced solicitor ensures that evidence is properly gathered and preserved.

A local lawyer familiar with Townsville’s legal and civic landscape will also know how to obtain CCTV footage, request maintenance records, and communicate effectively with local councils or businesses. 

If you’re considering a public liability claim, speak with a legal team that knows how to navigate Queensland’s compensation system and understands what it takes to win a local case. Connect with experienced compensation lawyers in Townsville to get tailored advice and support. 

Common Mistakes That Can Undermine Your Claim 

Even with strong evidence, your case could be weakened if you make avoidable errors. Be sure to avoid the following: 

• Delaying medical treatment – Waiting too long to see a doctor can create uncertainty about the cause or severity of the injury. 

• Not reporting the incident – If there’s no formal record, the other party may deny the event occurred. 

• Losing physical evidence – Disposing of damaged clothing or failing to photograph the scene can reduce the strength of your claim. 

• Posting on social media – Photos or comments that contradict your claim can be used by insurers to discredit you. 

Final Thoughts: Take Action Early and Thoroughly 

Public liability claims are rarely straightforward. Success depends on your ability to prove that someone else’s negligence caused your injury and that the injury had real, measurable consequences. The best way to build your case is by collecting detailed, timely evidence—right from the moment the incident occurs. 

Whether you slipped in a shopping centre, tripped on a council-maintained footpath, or were injured at a public event in Townsville, documenting the unsafe condition, getting medical treatment, securing witness testimony, and reporting the incident are all essential steps. 

Need Help with Your Public Liability Claim? 

Contact Sarinas Legal Today 

If you’ve been injured in a public place and believe negligence was involved, don’t leave your future to chance. The experienced compensation lawyers in Townsville at Sarinas Legal can help you gather evidence, manage your claim, and fight for the compensation you deserve under Queensland law. 

WARNING: 

1. Strict time limits and notification date apply when making injury claims. 

2. If you miss those time frames, you may lose your right to claim.  

3. Seek legal advice to ensure your claim and the appropriate notifications are made on time so that your rights are not lost.