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Footpath injury? Can you claim against local council in WA?

At Stephen Browne Personal Injury Lawyers, we speak from experience when it comes to filing and winning compensation claims against local councils for our clients. 

Councils are afforded robust legal protection under the law and proving your injury is severe enough to justify a compensation claim can be difficult without the right legal advice and representation.  

Here we cover which personal injuries could be caused by council negligence and whether you are eligible to sue the council for negligence.

What are some Public Liability examples?

If an accident occurs in a public place under the control of a local council, and it was caused by its negligence, or by a negligent third party contracted by the council, it could be the basis for a personal injury claim.

Public liability claim examples include:

  • Trips and falls on a council-owned property such as footpaths
  • Accidents caused by negligence in public parks
  • Injuries caused by public works and infrastructure that have been poorly installed or maintained

To succeed in a public liability claim, you must prove the council was negligent, knew about an issue or problem, and failed to act promptly. You also need to prove the negligence or failure to act caused your injuries and caused you a compensable loss.

How do I make a compensation claim against a local council?

The areas of damages/losses that can be included in a claim against a negligent local council include 

  • Past, ongoing and future medical costs (physical and psychological) related to the treatment of your injury
  • Loss of earnings if you’re unable to work while recovering from the injury (this includes any future loss of earnings)
  • Compensation for pain and suffering
  • Compensation for domestic/gratuitous assistance you may have received from loved ones, or professional paid services. 

Types of Injuries

Injuries in a public place owned by local councils can occur in many ways, here are just a few examples of how you could claim negligence:

Injury due to negligence

Injuries caused by the state of the premises.

This can include:

  • Poorly lit public areas
  • Uneven or slippery footpath pavers or other surfaces
  • A motor vehicle accident involving a council-owned vehicle

Injury due to poor workmanship

Injuries in public spaces caused by poor construction or subpar workmanship can form a negligence claim.

This can include:

  • Dodgy or broken park benches
  • Unstable, broken or dangerous building structures

Injury due to an animal attack

You may be eligible to file a personal injury claim if you are attacked by an animal on council property and the attack is proven to be caused by the council’s negligence, for example, a dog attack. 

How do I make a claim against a local council?

The key to a successful compensation claim against a local council is to act quickly. At Stephen Browne, Personal Injury Lawyers, our team of legal experts have years of experience representing council-related claims. We ensure our clients feel supported through every step of the process and receive simple, straightforward legal advice.

Our lawyers will help shoulder the burden of proving negligence by gathering evidence, filling out paperwork and representing you at court hearings. We understand the legal protections and defences available to councils and can find the best course of action to demonstrate that your injury was caused by their negligence.  

Personal Injury claims against council negligence in WA

Proving negligence and launching a compensation claim against local councils is a notoriously challenging and complicated legal process that requires an experienced legal representative – and that’s where we can help.

At Stephen Browne Personal Injury Lawyers, we use our expertise and experience to strengthen your case and achieve the best outcome possible so get the compensation you deserve.

Contact us today for legal advice on local council-related compensation claims.

2022-08-25T06:04:57+00:00 August 8th, 2022|Blog, motor vehicle accident|0 Comments