Public Liability
Expert Witness
Independent safety expert evidence for public liability claims across Australia. Slips, trips and falls, stairs and walkways, lighting, premises maintenance and the precautions a reasonable occupier would have taken.
What a Safety Expert Adds to a Public Liability Claim
Public liability claims usually turn on one question: did the occupier or operator take the precautions a reasonable person would have taken against a risk that was foreseeable and not insignificant? In New South Wales that test is in section 5B of the Civil Liability Act 2002, and every other state and territory has an equivalent provision.
Karim Ali gives the court an independent view of the hazard itself. His reports cover what the risk was, whether someone in the defendant's position knew or ought to have known about it, what precautions were available at the time, what they involved, and whether they would probably have prevented the incident.
He prepares reports for plaintiff and defendant solicitors and insurers, drawing on more than 150 expert reports and over 20 years in workplace safety. Each opinion is prepared under the applicable expert witness code of conduct, with the facts and assumptions stated and the reasoning set out so it can be tested.
Karim accepts instructions from either side. The method, the standards applied and the way each opinion is reasoned do not change with the instructing party.
Public Liability Matters Karim Reports On
- Slips on wet, polished or contaminated floors in shops, shopping centres and public buildings
- Trips on uneven paving, displaced pavers, kerbs, ramps and changes in floor level
- Falls on stairs and steps, including riser and going dimensions, nosings and handrails
- Poor lighting in car parks, walkways, stairs and building entries
- Falls from balconies, mezzanines, loading docks and other raised areas
- Injuries caused by fixtures, displays, doors, gates and moving equipment
- Incidents involving contractors working on occupied premises
- Inspection, cleaning and maintenance systems, and whether they were followed
From Instruction to Report
Every public liability report follows the same structure, so the reasoning can be traced from the evidence to the opinion.
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Instructions and Documents
Review of the letter of instruction, pleadings, statements, photographs, CCTV, incident reports, cleaning and inspection records, and any earlier complaints or incidents at the same location.
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Site Inspection
Where the area still exists, a site inspection to measure and photograph it. This can include stair dimensions, slope, surface condition and lighting levels. Changes made since the incident are recorded.
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Risk and Foreseeability
Identifying the hazard and whether the risk of harm was foreseeable and not insignificant, judged by what the defendant knew or ought to have known before the incident.
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Available Precautions
What precautions were reasonably available, what they involved, and what the relevant Australian Standards, the National Construction Code and accepted practice called for at the time.
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Causation
Whether the precautions would, on the balance of probabilities, have prevented the incident or reduced the injury. See causation analysis.
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Report and Evidence
A written report that complies with the applicable code of conduct, followed by joint expert conferences and evidence in court where required.
Evidence Considered in a Public Liability Report
The weight given to each area depends on the matter, but these are the areas Karim examines most often.
Floor material, finish, wear and contamination, and slip resistance classification under AS 4586-2013, with guidance from SA HB 198:2014. Testing by an accredited laboratory can be arranged where needed.
Riser and going dimensions, handrails, nosings, landings and ramps, assessed against the National Construction Code edition that applied, AS 1428.1:2021 for access and mobility and, for plant and industrial access ways, AS 1657:2018.
Measured lighting levels compared with the AS/NZS 1158 series for roads and public spaces and the AS/NZS 1680 series for interior and workplace lighting. See lighting assessments.
Whether the occupier had a system for finding and fixing hazards, how often it ran, whether it was recorded and whether it was followed on the day.
Whether warnings, barriers or signs were in place, where they were and whether they would have been seen. Whether a risk was obvious in law is for the court; the report deals with the physical facts that bear on it.
Where cleaning, security or maintenance contractors were involved, how responsibility was divided with the occupier and whether each did what was expected. See contractor WHS system reviews.
Civil Liability Legislation by State
Each jurisdiction sets out when a defendant is negligent for failing to take precautions against a risk of harm. Karim's reports address the factual questions those provisions raise and leave questions of law to the court.
The tests are broadly similar. The risk must be foreseeable and not insignificant, and a reasonable person in the defendant's position would have taken the precautions. Courts also weigh the probability of harm, how serious it was likely to be, the burden of taking precautions and the social utility of the activity.
- New South Wales: Civil Liability Act 2002, s 5B
- Victoria: Wrongs Act 1958, s 48
- Queensland: Civil Liability Act 2003, s 9
- Western Australia: Civil Liability Act 2002, s 5B
- South Australia: Civil Liability Act 1936, s 32
- ACT: Civil Law (Wrongs) Act 2002, s 43
Plaintiff, Defendant and Insurer Instructions
Karim reports for plaintiff solicitors, defendant solicitors and insurers. He can also give an early, confidential view of the safety issues before proceedings start, which helps an insurer decide how to handle a claim.
Where both sides have experts, he can review the other expert's report and take part in joint expert conferences.
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Do I need a safety expert, an engineer or a testing laboratory?
It depends on the question. A safety expert deals with the hazard, the occupier's systems, the precautions available and whether they would have prevented the incident. Structural failure or specialised testing may also need an engineer or an accredited laboratory, and Karim will say so at the outset if part of the matter is outside his expertise.
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Can you inspect the site years after the incident?
Yes. Karim records what has changed since the incident and uses photographs, CCTV, maintenance records and witness evidence to reconstruct the conditions on the day. The report states which observations reflect current conditions and which are inferred.
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Do you comment on whether a risk was obvious?
Whether a risk was obvious, and what follows legally, are matters for the court. The report deals with the physical facts that bear on that question, such as visibility, lighting, contrast and any warnings.
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Do you act for plaintiffs and defendants?
Yes. Karim accepts instructions from both sides and applies the same method whoever instructs him. His duty is to the court under the applicable expert code of conduct.
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Do you work outside New South Wales?
Yes. Karim accepts instructions across Australia and applies the civil liability legislation and standards of the relevant state or territory.
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How long does a report take?
It depends on the volume of documents, whether an inspection is needed and the court timetable. Karim confirms the timeframe and a fee estimate before accepting instructions. See fees and engagement.
Instruct Karim on a Public Liability Claim
Contact Karim Ali to discuss the incident, check for conflicts and agree the scope of the report.