Being sexually or physically assaulted in a public place can be devastating and leave victims with emotional, psychological and sometimes physical scars. While the criminal justice system will pursue charges against the perpetrator, many people don’t realise they may also be entitled to claim compensation through a public liability claim.
Sexual and physical assaults in public places can occur due to the negligence of a business, organisation or local council. It could be a lack of security, poor lighting or failure to take reasonable steps to protect people.
If you’ve been sexually or physically assaulted in a public place, keep reading to the end. This article will explain your legal rights, how to make a claim and how a public liability lawyer can help you get the compensation you may be entitled to.
Can You Make a Public Liability Claim for Assault?
Yes, in some cases. Public liability laws cover injuries in public spaces if negligence plays a part. While the criminal justice system holds the perpetrator accountable, civil claims (like public liability claims) allow victims to claim financial compensation for their losses.
You may be able to make a public liability claim if:
- The assault occurred in a public or commercial space (e.g., shopping centres, hotels, bars or public transport areas).
- The property owner or manager failed in their duty of care (e.g., poor security, broken locks, inadequate lighting).
- The negligence caused or allowed the assault to occur.
Examples of Negligence that Leads to Assaults
- A nightclub has poor security and lets intoxicated or aggressive patrons assault others.
- A hotel fails to fix broken locks and an intruder assaults a guest.
- A shopping centre ignores reports of known threats or suspicious people and an attack occurs.
- A train station has poor lighting and no CCTV and is an easy target for assaults.
If an entity could have taken reasonable steps to prevent the assault but didn’t, you may have a strong case for a public liability claim.
What Compensation Can You Claim in a Sexual/Physical Assault?
A successful public liability claim can cover:
- Medical Expenses – Hospital bills, psychological therapy or counselling, ongoing medical treatment.
- Loss of Income – Wages lost due to time off work and reduced earning capacity if the trauma affects long-term employment.
- Pain and Suffering – Emotional distress and trauma, PTSD, anxiety or depression caused by the assault.
- Additional Costs – Relocation costs (if the assault has made your current living situation unsafe) and home security improvements (if needed for safety after the assault)
The amount of compensation varies depending on the severity of the injury, the impact on your life and the level of negligence involved.
How to File a Public Liability Claim for Assault in Australia
Lodging a claim involves several steps. While you can do it yourself, having a public liability claim lawyer can increase your chances of success. At Wyatts, our lawyers do the following to lodge your claim:
Step 1: Get Medical Attention Immediately
Your health and safety should always come first. After an assault, get medical attention even if you don’t have visible injuries—psychological trauma is just as serious as physical harm. Medical reports will be crucial evidence in your claim, proving the extent of your injuries.
Step 2: Report the Incident
Next, a professional public liability lawyer will guide you in reporting the incident to the relevant parties. You will need to:
- Contact the police – A police report will help establish the facts of the assault.
- Inform the property owner or manager – If the assault occurred at a business (e.g., bar, hotel, shopping centre), lodge an official complaint with management.
- Request CCTV footage – Many public places have surveillance cameras that may have captured the incident.
Step 3: Gather Evidence
To strengthen your claim, collect as much evidence as possible:
- Medical records showing the impact of the assault
- Photos of injuries, unsafe conditions or lack of security
- Witness statements from anyone who saw what happened
- Previous complaints or reports about safety issues at the location
Your lawyer can help you get additional evidence, such as incident reports, security logs or past complaints against the property owner.
Step 4: Negotiate with Insurance Companies
Public liability cases can be complex, and insurance companies will try to pay as little as possible. After you’ve gathered the evidence, the lawyer will help you negotiate with the insurer to get you the compensation you’re entitled to.
They will also represent you in court if necessary. Wyatts’ personal injury lawyers work on a no-win, no-fee basis, so you won’t pay unless you win your case.
Step 5: Lodge Your Claim
Your lawyer will submit your claim to the responsible party’s insurer, outlining:
- The details of the assault
- How the negligence contributed to it
- The damages you’re claiming
The insurer may accept the claim, offer a settlement or dispute it. You may need to go to court if they reject it.
In most Australian states, public liability claims must be lodged within three years of the assault. If you develop PTSD or psychological injuries later, there may be exceptions.
Experienced Public Liability Lawyers Are Here to Help
The sooner you start the claim process, the better. While it’s a tough process, getting legal advice and gathering evidence will help your chances.
If you think negligence contributed to your assault, don’t wait too long to act. Call our public liability lawyers at 1800 773 880 to find out your rights and options.
