Public liability · Footpaths
Tripped, slipped or fell on a defective footpath in Queensland?
A council isn’t liable for failing to repair a footpath unless it actually knew of that particular risk. (Civil Liability Act 2003 (Qld) s 37) Its inspection and complaint records decide it, so they’re asked for early.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
This place, and who looks after it
Who may be responsible.
It depends on which part of the place you were hurt in, and who was looking after it.
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Tree roots
The council
Usually responsible for public footpaths and street trees.
Ask for: Inspection records and complaints about that spot
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A trench patch
A utility, builder or repairer
If their works, pits or patches created the hazard.
Ask for: Work permits and reinstatement records
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A shop entry
The private occupier
If the surface was private land, such as a forecourt or entry.
Ask for: Cleaning and maintenance records
Where more than one may be responsible, the claim can be made against each of them.
Time limits
The clock starts on the day you’re hurt.
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9 months
Notice of claim Due first
Within 9 months of the incident (or of first symptoms, if later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (PIPA s 9)
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1 month
The council replies
They must reply to your notice within 1 month. (s 10)
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6 months
Liability decision
Within 6 months of receiving your complete notice, they must tell you in writing whether they admit liability. (s 20)
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3 years
Court action
Proceedings generally must start within 3 years of the injury. For a child, the 3 years start at 18.
Missed the 9 months? Notice can still be given, with a reasonable excuse for the delay. Call us before the 3 years run out.
How people get hurt here
How footpath falls happen.
Footpaths are often repaired soon after a fall, so photos taken early matter most.
Lifted and cracked slabs
Edges raised by tree roots or settling.
Pit lids and trenches
Loose lids and sunken patches after works.
Wet entries and tiles
Polished tiles at shop entries and forecourts.
Driveway crossovers
Broken or uneven crossings.
Roots and debris
Roots, leaves and fruit on the path.
The test
What has to be proved.
The Civil Liability Act 2003 (Qld) sets out the test. Each step has to be met.
The risk was foreseeable
Whoever was responsible knew, or ought to have known, about the risk. (s 9)
It wasn’t insignificant
The risk was more than trivial. (s 9)
A reasonable person would have acted
Such as inspecting, repairing, warning or supervising. (s 9)
It caused your injury
The hazard was a necessary part of how you were hurt. (s 11)
They should be responsible
It’s appropriate for them to be liable for the harm. (s 11) They may argue the risk was obvious. (ss 13–15)
Straight after
What to do now.
- Report itTell the council, in writing what happened. Ask for a copy of the incident report, or photograph it.
- Photograph the hazardWith a coin or shoe beside it for scale, and the area around it.
- Note the exact spotA street address and the nearest house or shop number, with photos.
- See a doctorEven if it seems minor. Keep your receipts.
Compensation
What you can claim.
- Pain and sufferingSet on the Injury Scale Value, from 0 to 100. (Civil Liability Act 2003 (Qld) s 61)
- Past lost earningsWages and super you’ve lost since the injury.
- Future lost earningsIf the injury affects your work. Future amounts are converted to a present-day lump sum using a 5% discount rate. (s 57)
- Care from familyIf it’s needed for at least 6 hours a week for at least 6 months. (s 59)
- Medical costsTreatment, medication and travel you’ve already paid for.
- Future treatmentSurgery, therapy and aids you’re likely to need.
What you can claim depends on your injury and your circumstances.
How your claim runs
From the first call to court, if it’s needed.
No-obligation first consultation
We look at what happened, who may be responsible and your time limits.
Notice of claim
We give notice to everyone who may be responsible.
They respond
They have 1 month to reply, and 6 months to say whether they admit liability.
Evidence
Medical reports, footage, records and statements are gathered and exchanged.
Compulsory conference
A meeting to try to settle. If it doesn’t, both sides make written final offers.
Court, if needed
Proceedings generally must start within 3 years of the injury.
If your claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays. (Legal Profession Act 2007 (Qld) s 347)
Questions
Straight answers.
The council must have actually known about the particular risk, for example from a complaint or an inspection record. That’s why those records are asked for early.
Yes, as soon as you can, with a coin or shoe beside it for scale, from a few angles. Footpaths are often repaired after a fall.
It depends on whose land it was. Shop entries and forecourts are often private; the footpath itself is usually the council’s.
Notice of claim must be given within 9 months of the incident (or of first symptoms, if they appear later), or 1 month after you ask a lawyer to act for you and the party responsible is known, whichever comes first. (Personal Injuries Proceedings Act 2002 (Qld) s 9) Court proceedings generally must start within 3 years. For a child, the 3 years start at 18.
Helpful reading.
Can You Sue the Council for Tripping on a Footpath or Pothole in Queensland?
When a Queensland council is liable for a trip on a broken footpath or a pothole, the special rules that protect councils, and how to claim for an injury or for damage to your car.
Hurt somewhere else?
Tripped on a footpath? Talk to us first.
Tell us the street, when and what happened. We’ll tell you who may be responsible and what to do this week.
General information only, not legal advice about your situation. No win, no fee*: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.