The last thing we expect when walking down the street is to be seriously injured. Trips caused by cracked pavement or other obstacles can cause anything from broken bones to a brain or spinal injury. If you’ve been injured on a footpath and suffered a serious injury that’s impacted your life, you may be unaware of your legal entitlements.
Here our expert public liability lawyers explain your rights when injured on a public footpath, time limits you should be aware of to make a claim, and what evidence is required.
I was injured on a public footpath – what are my rights?
If you trip or fall and are injured on a public footpath you can bring a claim of negligence against the council or local government. However, legislation has been introduced in recent years that has made it more difficult to succeed in a claim.
Our expert public liability team can help you to understand what is required throughout the legal process.
To make a successful slip and fall claim against the council, you would need to be able to show:
- That someone else had previously fallen in the same area, on the same section of the footpath; and,
- A complaint about this had been made to the council.
Our tip: Reach out to your local community through Facebook groups to help you find out whether or not a complaint has been made to the council. If a complaint had been made, this will indicate that they were aware of the defect and did not adequately fix it. This will allow you to demonstrate negligence on their behalf and further enhance your claim.
As councils and local authorities are aware of the change in legislation they will quite often send a crew out immediately to barrier off the area until repairs are made. Therefore, it’s important to take pictures and make note of the address as close to the time of injury as possible. If it is repaired after your injury, you should also take photographs of these repairs.
What can I claim for?
If you are injured on a public footpath or in a public space due to someone else’s negligence, you can make a claim for compensation for your physical and psychological injuries and losses.
Claims against local councils – how Sciacca’s Lawyers can help
Our dedicated public liability lawyers have helped many clients seek compensation against local councils and other organisations and can advise you of your rights and entitlements.
We offer a “No Win No Fee” guarantee on public liability claims, meaning you won’t be left out of pocket.
Get in touch with your local public liability lawyers today on (07) 3867 8888 for an obligation-free assessment of your claim.
Are there time limits to make a slip and fall claim in Queensland?
Yes, in Queensland, there is a strict time limit of three years from the date of your accident to commence a claim. For this reason, we recommend seeking legal advice as soon as possible after your injury. This will allow you time to commence your claim and gather the evidence you will need.
How much compensation am I entitled to?
The compensation you receive is based on the severity of your injuries and how it has impacted your life. Therefore, it is important that you keep copies of all receipts for your treatment to assist your claim.
What will public liability compensation cover?
Compensation can be for both past and future losses and can include the following:
- Past and future loss of income;
- Pain and suffering or general damages;
- Past and future medical and hospital expenses;
- Past and future out of pocket expenses; and,
- Past and future loss of superannuation.
Does the council have a duty of care?
Yes, your local council has a duty of care to users of footpaths and other public areas However, it’s important to note that if you’re injured, you must be able to show or prove that the council or the local authority knew or ought to have known of the problem that caused your injury and had done nothing to fix it.
Therefore, if you are unable to show that the council had prior knowledge of the issue, you may be unsuccessful in proving a case against the council or local authority.
For example, if you were walking along a footpath and tripped on a cracked, broken, or raised footpath you may be able to pursue a claim against the council or local authority.