Person tripping on a footpath | Henry Carus + Associates

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Are you entitled to compensation for a footpath trip? The answer depends on the circumstances of the trip-and-fall accident, the severity of your injuries, and the damages you suffer. It is best to consult a knowledgeable lawyer without delay to find out if you have a claim.

We walk on footpaths every day. The local council is generally responsible for the safety, maintenance, and accessibility of public footpaths. Henry Carus + Associates are well-versed in public liability claims, and we can help you pursue compensation for a footpath trip and fall.

Get expert legal assistance today. Call Henry Carus + Associates at 03 9001 1318 for a FREE, no-obligation consultation with a trip and fall lawyer at our offices in and around Melbourne.

What to Do If You Are Injured on a Public Footpath

If possible, the steps you should take after tripping and falling on a public footpath include:

Call 000 if you are seriously injured and need medical attention.
Take photos of the hazard that caused you to trip and fall, as well as the surrounding section of the footpath.
Speak to any witnesses in the vicinity and get their contact information.
Get the medical care you need; go to the emergency room or follow up with your doctor.
Report the incident; most councils have an online portal where you can report injuries and get started lodging a claim.
Contact a trip and fall injury lawyer straight away.

A trip-and-fall accident can lead to broken bones, soft tissue damage, injury to the spine, brain injuries, and more. Taking the steps above is crucial for your well-being, as well as protecting your legal right to compensation.

Read our guide, Steps to take after a fall in a public place, to learn the 6 things you need to do after a trip, slip, or fall.

Can I Make a Claim Against the Local Council for Tripping on a Footpath?

In Victoria, local councils are responsible for managing and maintaining public footpaths, roads, and car parks. If you trip and fall due to a danger or defect in a footpath, you may be able to bring a claim against the council.

Whether the council is actually responsible for your injuries and damages is less straightforward. First, you need to prove that the council was negligent. Potential examples of negligence include:

Errors in the planning or construction of a footpath, resulting in an unsafe walking surface
Negligent maintenance (such as failure to fix cracks, raised sections of pavement, etc.)
Inadequate inspection of the footpath for defects and hazards
Failure to warn pedestrians of known hazards

Councils are not expected to keep footpaths in perfect condition. Therefore, not all injuries are the result of negligence.

Road Management Plans in Footpath Injury Claims

Many municipal councils in Victoria have developed road management plans. One of the purposes of a road management plan is for the council to create standards for the maintenance and inspection of public roads and pathways, including footpaths (see Road Management Act 2004 – Sect 52). It also establishes the council’s duty of care for footpaths and other roadways.

If the incident that led to your trip-and-fall injury is within the scope of the road management plan enacted by the local council, you may be entitled to compensation for a footpath trip. Conversely, it is more difficult to argue negligence on the part of the council if you were injured due to factors outside of the road management plan or duty of care (such as a hazard or defect that is not within the council’s intervention standard).

For an example of a road management plan, visit the City of Melbourne’s website. A public liability lawyer can interpret the provisions of the plan and advise you how the standards put in place by the council may affect the viability of your trip-and-fall accident claim.

‘Obvious’ Hazards: A Common Defence

Responsibility for footpath injuries doesn’t always fall entirely on local councils. A person walking on the footpath is expected to exercise reasonable caution and watch out for obvious dangers. This precedent was set by the Victorian Court of Appeal in two separate decisions (Boroondara City Council v Cattanach and Greater Shepparton City Council v Davis).

Of course, what constitutes an ‘obvious’ hazard and how a ‘reasonable person’ would react to it is not carved in stone. We often see property owners, insurance companies, and defence counsel try to argue that the claimant was clumsy or should have been more careful. This is a tactic that often needs to be overcome in public liability claims.

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What Compensation Can I Claim for a Trip & Fall on a Footpath?

Accurately quantifying the damages in your claim requires legal expertise. The best way to find out the available compensation for a footpath trip is to obtain legal counsel. Your lawyer will evaluate the seriousness of your injuries and the extent of damages to determine whether you are entitled to:

Current and future medical expenses
Lost income to date
The cost of attendant care
Loss of future earnings
Pain and suffering, loss of enjoyment of life, etc. (known as non-economic loss)

Compensation for non-economic loss is capped at $555,350. In addition, these damages may only be recovered if your injury meets the threshold to be considered a ‘significant injury’. According to the Wrongs Act 1958, an injury is significant if it results in permanent impairment to the whole person of more than 5% (except for spinal injuries, where the threshold is 5% or more).

Get Compensation for a Footpath Trip

Fair compensation after a trip and fall is not automatic. It can be especially difficult to hold local councils responsible for accidents that occur on public footpaths. Whilst many firms turn away from these claims, we actively pursue them because we believe that You Deserve More.

Our in-depth knowledge of council negligence, the applicable legislation, and the defences commonly used by councils make us well-equipped to pursue maximum compensation for your injuries. We understand that tripping and falling can have serious consequences. Our individually tailored approach to each claim enables us to fight for the optimal outcome.

Have you been injured in a fall on a footpath in Melbourne or another community in Victoria? Contact Henry Carus + Associates by calling 03 9001 1318 today for a FREE, no-obligation consultation.

Read testimonials from clients we’ve helped after footpath accidents: