We commonly receive claim enquiries involving injuries from trip & falls on footpaths. These claims are usually against the local Council that has responsibility for and control over these areas of public land.

Because of the vast areas of public land Councils are responsible for, Courts are normally hesitant to find against these bodies in such claims. The issue being that Council’s cannot possibly be aware of every crack in a footpath or protruding tree root, in the large areas they oversee. Courts also consider that people should take care for their own safety when walking in public areas. And typically, local Council’s strenuously defend such claims, on these very grounds.

No Win No Fee Personal Injury Lawyers Explain Trip and Fall Claims Against Local Councils

The vast majority of falls on footpaths are due to uneven paving, protruding tree roots, or hidden indentations in the ground. To be successful in a claim arising from such events, it’s necessary to show the local Council was made aware of the danger prior to your trip & fall because of complaints made to it, or it had undertaken work in the area and  therefore ought to have been aware of the hazard. For example, where the Council has undertaken maintenance of a footpath or nature strip and has failed to remove a protruding tree root, or where the Council removes a tree and doesn’t properly fill in the resultant hole.Continue reading→