If you have injured yourself on a public footpath or road in Queensland, you may be entitled to receive compensation for your losses.
Common injuries on public footpaths
Accidents on public footpaths can cause broken bones, sprains, and even head and spinal injuries. These injuries can cause ongoing discomfort and expenses for those affected.
Who is held liable?
If you are injured on a Council road or footpath, the local Council could be held liable for wrongdoing or negligence.
Whilst many claims are filed each year for Council footpath injuries- not all are successful.
They are typically difficult claims to run as proving negligence is not always clear cut and
the Council are afforded protections by certain legislation.
The Complexities of Council Claims
Proving council negligence
In most jurisdictions, local Councils are responsible for maintaining community footpaths and roads. Most often, they have to uphold the safety of road users and pedestrians.
To win a footpath injury claim against the Council, it must be proven that the council somehow breached the duty of care it owes to the public.
An example of negligence on behalf of the Council is if they were made aware of a particular road hazard but failed to attend to it within a reasonable time.
A roadblock of legal expectations
As a road user or pedestrian on public ground, there is a legal expectation for you to walk, run or ride with due care.
Any lack of due care will be taken into account when processing your claim. Walking on a council footpath with eyes locked on a phone screen instead of your surroundings could be an example of walking without taking due care.
Have you been injured on a Council footpath in Central or South East Queensland?
It is important to seek professional advice from an accredited specialist personal injury lawyer if you have been injured on public Council footpaths. Stationed in Roma, Brisbane and Toowoomba our team are well equipped to assist you.
Please follow the link below to discover more about us.