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Claiming compensation from local councils can be challenging due to legal protections and immunities. Demonstrating negligence and securing a successful claim often involves navigating a complex legal landscape. However, with the right approach and evidence, it is certainly achievable.
For example, our team at GMP Law recently secured a substantial settlement for a client who suffered a fractured ankle after tripping over a poorly installed footpath. By meticulously building a case and managing the complexities of council liability, we were able to achieve a favourable outcome.
In this blog, we’ll look at the intricacies of council liability and outline your options for seeking compensation.
Local government authorities have a responsibility to keep public areas safe for everyone.
Under public liability law, property owners and occupiers, including councils, must ensure that the spaces they manage are maintained in a safe condition.
Here are some of the places and areas that councils are responsible for:
If you’ve been injured in any of these areas due to a hazard, it’s important to consider your options for seeking a council compensation claim.
Injuries sustained on council-owned property may be grounds for a public liability claim.
Common examples include:
Successfully claiming compensation from a council requires demonstrating that their negligence caused your injury. Unlike other personal injury claims, proving fault against a council often presents unique challenges.
The following aspects will be relevant in determining liability:
How is a council legally responsible?
In Australia, a council’s legal responsibility for injury, loss, or damage is primarily governed by the Civil Liability Act and similar legislation across Australian states.
State | Relevant legislation | Application to council claims |
New South Wales | Imposes a duty on claimants to take precautions against risks. | |
Victoria | Introduces thresholds for non-economic loss claims. | |
Queensland | Introduces the concept of “obvious risks” and limits liability for dangerous recreational activities. |
Bearing this legislation in mind, councils can be held liable for any damages, as long as your personal injury lawyer can prove the following:
1. Negligence
To hold a council responsible, you need to show that their negligence caused the damage or injury. This involves proving that the council’s actions or inactions fell short of the expected standard of care.
For example, if a poorly maintained footpath caused a fall, the council’s negligence would be a primary focus of the case.
2. Foreseeability
A fundamental principle in council liability cases is the council’s duty to anticipate and prevent foreseeable harm. If a hazardous situation was reasonably predictable and preventable, and the council failed to act they may be held liable for any resulting injuries.
For example, if a known pothole was left unrepaired, leading to an accident, the council could be held liable.
3. Duty of care and breach
A council is only liable if it owed a duty of care to the claimant and breached this duty. This means proving that the council had a responsibility to act in a certain way and failed to do so, directly causing injury or damage.
Before pursuing a claim against a council, it is crucial to ensure that there is a strong evidential basis for demonstrating negligence.
If you’re pursuing a claim against a local council for an injury, it’s important to understand that they have several potential defenses to challenge your case or limit their liability.
Here’s an overview of some common defenses they might raise:
Illegal behaviour
If your injury occurred while you were engaged in illegal activities, the council might argue that your claim should be denied due to your unlawful conduct.
Obvious risks
If the risk of injury was something that any reasonable person would have noticed, the council could contend that they are not liable. For example, if you were injured due to a clearly apparent danger, they might use this as a basis to contest your claim.
Inherent risks
Sometimes, certain risks are unavoidable even with reasonable care. If your injury resulted from an inherent risk—one that couldn’t be avoided regardless of precautions—the council may argue that they aren’t responsible.
Contributory actions
If the council believes that your own actions or negligence contributed to your injury, they might use this to argue for a reduction in the damages you can claim.
Other considerations
Councils have limited resources and cannot address every issue immediately. Therefore, they are generally not held liable for decisions influenced by financial constraints or resource limitations. While councils must act reasonably, they are not judged harshly for failing to resolve every issue due to budgetary restrictions.
Additionally, if a council can demonstrate that it followed established guidelines and protocols, it may avoid liability. Adhering to proper procedures can help a council defend itself against claims, provided those procedures are reasonable and correctly implemented.
If you’ve suffered an injury on council property, you may be entitled to compensation.
This can cover a range of financial losses, including:
The compensation available to you will depend on the severity of your injury and its impact on your life.
Consulting with a personal injury lawyer can help you understand your entitlements and build a strong case.
Whether you’ve tripped on a poorly maintained footpath or suffered damage due to council negligence, understanding the right steps to take is crucial.
Here’s our comprehensive guide to help you through the process.
1. Document the incident
The moment you’ve been involved in an incident, your case begins.
It’s important to gather detailed evidence as this strengthens your claim. Evidence should include photographing the scene, your injuries and any hazardous conditions. It’s also worthwhile exchanging contact details with any witnesses. These details can be used at a later date to collect witness statements from anyone who saw the incident.
If you are unable to take photos at the time of the incident, ask a family member or friend to document this on your behalf.
2. Seek medical attention
Your health comes first, always. Ensure your injuries are seen by a doctor. This could involve a physical examination, scans or x-rays.
From a legal standpoint, prompt medical attention also creates a vital paper trail. Ensure you retain any receipts for medical attention or medication you purchase.
We’ve seen cases won and lost on the strength of medical documentation. A clear link between the incident and your injuries is paramount.
3. Report the incident
Many councils in Australia have specific reporting procedures. As a rule of thumb, report the incident to your local council within 30 days of the incident.
Don’t skip this step – it’s often a prerequisite for a successful claim. Councils may use any delay to report the incident to dispute the condition of the site at the time of the accident. Similarly, any post-incident repairs or alterations to the area should be documented. For instance, the council may seek to repair a section of the footpath if you have reported a slip and fall incident. While not an admission of guilt by the council, these changes can provide valuable evidence supporting your claim.
4. Gather evidence
Compiling evidence is required for a successful claim against a council. It will strengthen your case and increase your chances of a favourable outcome.
Use the contact information you collected from witnesses and obtain detailed statements from them. If CCTV footage exists, request copies. Additionally, reaching out to people in local Facebook groups or speaking to neighbours may help you uncover whether there have been any prior complaints made to the council about the particular hazard. A personal injury lawyer will be able to guide you through this process and ensure no potential evidence is overlooked.
5. Check the council’s claims process
Each council may have slightly different procedures. Knowing these can prevent unnecessary delays.
The City of Sydney Council, for instance, requires a written letter of demand to be submitted alongside documents that substantiate the amount you are claiming in compensation. Other councils, such as the Scenic Rim Regional Council, have an established form that must be downloaded and submitted.
If you are based in Queensland, you are also bound by the Personal Injury Proceedings Act 2002 (PIPA).
6. Determine liability and calculating your losses
As we mentioned earlier, councils have certain protections but are not immune from liability. A skilled personal injury lawyer will be able to help you establish negligence in your claim.
Accurately calculating your losses is equally as important. Consider any medical expenses, lost wages, pain and suffering, and any other financial impacts resulting from the injury. Your lawyer will be able to build your case to maximise your compensation.
7. Submit your claim
This is your formal application for compensation. The quality of your initial claim—including how well it is substantiated with evidence— can set the tone for the entire process.
Engaging a skilled personal injury lawyer ensures your claim is accurately documented and presented compellingly. Their expertise can significantly impact the outcome of your case as a well-prepared claim often leads to faster resolutions.
If you are unable to settle at this point with the council, you may need to begin court proceedings.
Successfully claiming compensation from a council requires demonstrating negligence on their part. Our firm has a proven track record of holding councils accountable for their shortcomings.
Case 1: Uneven footpath leads to significant compensation
A client tripped over a poorly maintained footpath, resulting in a fractured wrist.
Despite the council’s initial denial of liability, our team diligently gathered evidence, including expert reports, to prove their negligence.
This led to a $115,000 settlement.
Case 2: Defective roadworks cause injury
Our client suffered a severe ankle injury due to a height difference between the gutter and the road, caused by recent council works.
Through meticulous investigation and expert evidence, we successfully argued that the council’s negligence was responsible for the accident.
The client received a substantial settlement of $260,000.
Case 3: Council liability for pedestrian safety
A client tripped over a poorly marked step in a busy Sydney CBD location, resulting in a significant ankle injury.
Our team’s thorough investigation and expert analysis highlighted the council’s failure to maintain a safe pedestrian environment.
This led to a $400,000 settlement.
Yes – you can claim compensation from your local council if you’ve been injured or suffered a loss due to their negligence or breach of duty of care. An experienced personal injury lawyer will help you establish your case and maximise your compensation opportunity.
The Personal Injuries Proceedings Act 2022 (PIPA) is a cornerstone of Queensland’s personal injury framework. It’s designed to streamline the claims process and promote early resolution.
It has introduced structured processes like:
Pre-court procedures
Mandatory information exchange
Compulsory conferences.
You can sue a council in Australia if they fail to address your compensation claim or deny liability for a valid claim.
The amount of compensation you may be awarded for a tip and fall claim varies based on the severity of your injuries and associated losses. Claims can range from a tens of thousands to hundreds of thousands of dollars in serious cases.
Potentially, yes. If the council failed to maintain the footpath adequately, you may have a valid claim. It’s best to speak to a lawyer to determine eligibility for compensation based of the specifics of your case.
Yes, if the injury resulted from poor maintenance or design of the bike path that the council was responsible for.
You may have a claim if the injury was caused by faulty equipment or inadequate maintenance of the park or playground.
It depends on the circumstances. If the injury was due to poorly maintained facilities or equipment, you might have a claim against the council.
You may have a claim against the dog owner. The council might be liable if the attack occurred due to their failure to enforce leash laws or maintain safe public spaces.
If the council accepts liability, negotiate a fair settlement. A lawyer will be able to negotiate on your behalf and review the offer to advise you on its suitability before accepting.
If the council doesn’t accept your claim request you have three options: appeal the decision, provide additional evidence or consider legal action through the courts. To ensure you make a sound decision, consult with a lawyer to discuss the potential outcomes of your case. You should engage a lawyer to represent you in compensation claims against local councils. A skilled lawyer understands the complexities of council liability and can navigate the legal process of your behalf.
Our experienced team at GMP Law specialises in helping individuals claim compensation for injuries sustained on council land.
Councils often have legal protections in place, making it challenging for individuals to navigate the claims process alone. Our firm understands these complexities and is dedicated to levelling the playing field.
By choosing our public liability team, you:
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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