{"id":6842,"date":"2017-10-30T03:47:34","date_gmt":"2017-10-29T17:47:34","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6842"},"modified":"2017-10-30T17:20:14","modified_gmt":"2017-10-30T07:20:14","slug":"trip-falls-footpaths","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/10\/30\/trip-falls-footpaths\/","title":{"rendered":"Trip & Falls on Footpaths"},"content":{"rendered":"
\"No

Brisbane and Gold Coast Personal Injury Lawyers explain trip & fall personal injury claims where occurring on footpaths. No Win No Fee Lawyers, servicing Brisbane, Gold Coast & all Qld.<\/p><\/div>\n

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

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\u00a0that 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.<\/p>\n

No Win No Fee Personal Injury Lawyers Explain Trip and Fall Claims Against Local Councils<\/span><\/h2>\n

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\u00a0and\u00a0 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\u00a0the Council removes a tree and doesn’t properly fill in the resultant hole.<\/p>\n

No Win No Fee Personal Injury Lawyers Explain Trip and Fall Claims Against Businesses<\/span><\/h2>\n

Where the trip hazard is on a footpath outside a business premises, then the claim can be brought against the business. A business has a higher duty of care <\/a>to keep areas providing access to their premises free of hazards, because it is inviting customers onto its premises.\u00a0 And this includes footpaths and nature strips outside the business premises.<\/p>\n

No Win No Fee Personal Injury Lawyers Explain Trip and Fall Claims Against Homeowners<\/span><\/h2>\n

But what about where trip and falls occur outside private homes on footpaths, or where the footpath has been maintained by the home owner? The question is whether the home owner, in failing to remove or warn of a hazard on the footpath, or to advise the Council of the hazard, holds liability to a person injured from a trip and fall whilst using the footpath outside the home.<\/p>\n

Where a party is invited onto the property of the home owner, as a friend or family member, or to undertake work, then it is likely a Court would find that there was a duty on the home owner to take reasonable steps to ensure that access to their property was safe or,<\/span> the intended visitor was warned of any hazards<\/span><\/span>.<\/span> But what about where the person injured is just a passer by using the sidewalk outside the home?<\/span><\/p>\n

In the case where the hazard has been placed there by the home owner, and a reasonable person in the position of the home owner\u00a0would have been aware that the hazard exposed passers by to a risk of tripping and falling, suffering injury, then it is more than likely that the home owner would be found to hold liability in such case.<\/p>\n

But what about where the trip hazard outside a private home is naturally occurring? For example, where roots of\u00a0a tree on the footpath\u00a0start to protrude out of the ground, or tree roots destabilise the pavement,\u00a0posing a trip hazard?\u00a0 There is after all no legal obligation upon\u00a0the home owner to maintain the footpath, and the tree is in fact the property of the Council. The home owner would require the consent of the Council to undertake any pruning of the tree root. Was there a duty on the home owner to advise the Council of the trip hazard posed by the tree root ?\u00a0 <\/span>Would a Court hold a home owner liable for a trip hazard on property that the home owner is not the owner of or responsible for?<\/span> <\/span><\/span><\/p>\n

It is considered that, given the recent attitude of the Courts toward\u00a0trip and fall claims,\u00a0unless the homeowner placed or caused\u00a0the hazard on the footpath, then it is unlikely a Court would find the homeowner liable for a trip and fall suffered by a passer by on the footpath outside their home. However, it seems that this is yet to be tested before the Courts. Claims in these types of cases are normally focused on the local Council that owns and has responsibility for footpaths and nature strips.<\/span><\/p>\n

A Worthwhile Personal Injury Claim to Pursue<\/span><\/h2>\n

The problem often faced with personal injury claims against home owners is whether there are funds available to meet the claim. In some cases, the homeowners will have insurance, but where this\u00a0is not the case, then it has to be investigated whether there are sufficient funds there to meet a personal injury claim, and to make the claim worthwhile pursuing.<\/span><\/p>\n

You May be Entitled to Workers\u2019 Compensation if your Injury Occurred on the Way To or From Work<\/span><\/h2>\n

If your trip and fall occurred on your way to or from work, you could very well have a right to claim workers\u2019 compensation<\/a> for your injury. \u00a0The benefits you can claim for in a workers\u2019 compensation claim include, payment of your medical and rehabilitation expenses and wages where you are unable to work due to your injury. At the end of your workers\u2019 compensation claim, you can also seek an assessment of whether you have sustained a degree of permanent impairment<\/a> due to your trip and fall injury. If you have sustained impairment, then you will be entitled to a lump sum amount <\/a>relative to the degree of impairment assessed.<\/span><\/p>\n

Gold Coast & Brisbane No Win No Fee Personal Injury Lawyers are Experts in Personal Injury Claims<\/span><\/h2>\n

Been injured because of a car accident<\/a>, workplace incident<\/a>, medical malpractice <\/a>or due to the wrongful or negligent actions of another <\/a>and need advice as to whether you have a personal injury claim to pursue? Are you wondering if you have the right to injury compensation <\/a>but are not certain? Then No Win No Personal Injury Lawyers<\/a> are experts in personal injury claims<\/a> and can help.<\/span><\/p>\n

You can call us on 1300 388 383 or Livechat with us on our online Chat service on our website. If our Chat service is busy, which does happen, you can leave a message for us in the Chat box at the bottom of your screen.\u00a0 <\/span><\/p>\n

You can also send us details about your case by clicking on one of our Request boxes <\/a>or forms on our website. This will provide you with a form to complete, simply providing us with basic information about your case and your contact details so we can get back to you for a chat or consultation.\u00a0 You can also request a FREE instant appraisal of your case, by clicking on one of our Request a FREE Instant Appraisal of Your Case <\/a>webforms on our website. There should be one to the left on this page.<\/span><\/p>\n

We are available to take enquiries<\/span> 24\/7 and all enquiries are free of charge, totally confidential and without obligation<\/span>.<\/span><\/p>\n

Under Queensland legislation<\/a>, there are time limits applying <\/a>to personal injury claims, so it really is very important that you don\u2019t put off speaking to a personal injury lawyer about your circumstances. \u00a0If you delay, you could end up missing out on significant compensation that you need to help support yourself and your family.\u00a0 Call us today on 1300 388 383<\/span>. <\/span>Don\u2019t put it off any longer.<\/span><\/p>\n

\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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 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& Falls on Footpaths - No Win No Fee Personal Injury Lawyers<\/title>\n<meta name=\"description\" content=\"Brisbane & Gold Coast No Win No Fee Personal Injury Lawyer explain personal injury claims involving trip & falls on footpaths. 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Rights to Workers' Compensation & Common Law Damages You've a right to workers' compensation\u2026","rel":"","context":"In "Accident & Injury Compensation Claims"","block_context":{"text":"Accident & Injury Compensation Claims","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/accident-injury-compensation-claims\/"},"img":{"alt_text":"No Win No Fee Personal Injury Lawyers explain psychiatric injury claims in the workplace. 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Explaining Degree of Permanent Impairment (DPI) in Workplace Injury Claims You're considered to have sustained DPI where you have ongoing symptomatology from\u2026","rel":"","context":"In "Work Injury Claims"","block_context":{"text":"Work Injury Claims","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/work-injury-claims\/"},"img":{"alt_text":"Gold-Coast-Brisbane-Workplace-Injury-Workers'-Compensation-Lawyers","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/08\/personal-injury-lawyer-work-injury-post-300x233.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":6330,"url":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/07\/01\/workers-compensation-work-injury-lawyers\/","url_meta":{"origin":6842,"position":3},"title":"Workers’ Compensation & Work Injury Lawyers","author":"Toni Palmer","date":"July 1, 2017","format":false,"excerpt":"As personal injury lawyers, we see the impact work injuries can have on a worker and their family.\u00a0So, it is fortunate that in Queensland we have a Scheme where injured workers are able to receive benefits to assist with their medical treatment and rehabilitation and to pay their lost wages\u2026","rel":"","context":"In "Work Injury Claims"","block_context":{"text":"Work Injury Claims","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/work-injury-claims\/"},"img":{"alt_text":"Work Injury & Workplace Injury Personal Injury Lawyers. 24\/7Free legal advice. No Win No Fee. Servicing Qld with offices in Brisbane & Gold Coast. ","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/07\/Injured-person-icon-for-no-win-no-fee-personal-injury-lawyer-post-296x300.png?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":6850,"url":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/11\/01\/work-injury-claims-5-threshold\/","url_meta":{"origin":6842,"position":4},"title":"Qld Work Injury Claims & the 5% Threshold","author":"Toni Palmer","date":"November 1, 2017","format":false,"excerpt":"Good News for those Injured at Work During 15 October 2013 & 30 January 2015 If you've been injured at work during the period 15 October 2013 and 30 January 2015, then your work injury claim is subject to the 5% threshold. What this means is that you cannot bring\u2026","rel":"","context":"In "No Win No Fee Personal Injury Lawyers"","block_context":{"text":"No Win No Fee Personal Injury Lawyers","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/no-win-no-fee-personal-injury-lawyers\/"},"img":{"alt_text":"Brisbane & Gold Coast No Win No Fee Personal Injury Lawyers explain recent decision impact on work injury claims in Qld.","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/11\/personal-injury-lawyers-gold-coast-and-brisbane-no-win-no-fee-impage-post-300x229.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":6555,"url":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/08\/08\/workers-compensation-lawyers\/","url_meta":{"origin":6842,"position":5},"title":"Lump Sum Offers in Workers’ Compensation Claims","author":"Toni Palmer","date":"August 8, 2017","format":false,"excerpt":"At the end of your workers' compensation claim you may receive a Notice of Assessment from the workers' compensation insurer allocating a permanent impairment \u00a0percentage for your work injury. If you don't know what a Notice of Assessment in a work injury claim is and would like to know more,\u2026","rel":"","context":"In "Work Injury Claims"","block_context":{"text":"Work Injury Claims","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/work-injury-claims\/"},"img":{"alt_text":"Personal Injury Lawyers expert in workplace injury claims explain Lump Sum Statutory Offers for workplace injuries.","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/08\/personal-injury-lawyers-lump-sum-offer-post-image-1-300x229.png?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts\/6842","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/comments?post=6842"}],"version-history":[{"count":5,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts\/6842\/revisions"}],"predecessor-version":[{"id":6848,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts\/6842\/revisions\/6848"}],"wp:attachment":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/media?parent=6842"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/categories?post=6842"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/tags?post=6842"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}