It can be challenging to make compensation claims against local councils because they have legal protections and immunity from prosecution (in some cases).
Consequently, a successful public liability claim relies on the most effective approach, using reliable evidence to establish council liability.
If you have been injured on council property, you may be eligible to make a personal injury claim. Our public liability lawyers offer an obligation-free consultation that can explain your eligibility to seek compensation.
There are no up-front or hidden fees, and our legal team operates on a 100% no-win, no-fee basis. It’s free to know your rights. Call 1800 700 125
100% No-Risk Guarantee
Capped Fees
We Cover Outlays
Direct Lawyer Access
Just like accidents on private property, local councils are liable for injuries sustained on their premises. Hence, you can take legal action when council negligence causes you a financial loss.
Expert public liability lawyers can explain the legal process and your rights under personal injury law.
In Australia, councils are responsible for a wide range of public services. They have a legal duty to keep everyone safe when using council land and other council-owned property. This is because public liability laws impose an obligation on property owners to take reasonable steps to ensure public safety when using their premises, including the following:
Compensation claims against local councils cover all of the above, depending on how the incident occurred. Our public liability lawyers can explain if you qualify to seek common law damages.
You can make a public liability claim for injuries that occur on council-owned property. Some common examples include the following:
Proving negligence in compensation claims against local councils can be complex. This is partly because the legal process requires showing that they knew about the hazard.
You also need to show that their duty failure or negligence caused your injury and a related financial loss.
That’s why a personal injury claim against a local council has some unique issues best addressed by an experienced public liability lawyer. These aspects should be explored when proving negligence:
In Australia, the Civil Liability Act and similar personal injury legislation are the primary instruments that determine the legal responsibility of local councils for property damage, injuries and losses.
State | Legislation | Implications for Council Claims |
|---|---|---|
Queensland | Civil Liability Act 2003 | Defines “obvious risks” and places restrictions on legal responsibility for dangerous recreational activities. |
New South Wales | Civil Liability Act 2002 | States that claimants must take reasonable safety measures. |
Victoria | Wrongs Act 1958 | Places a limit on damages for non-economic losses. |
Local councils can be liable for damages when a personal injury lawyer can prove these four pillars of negligence.
The claimant suffered a related financial loss as a result of the council’s negligence. Damages can include:
Here are some common tactics local councils use to avoid paying damages:
Local councils in Australia often have limited funds, and it can take time to make decisions due to their resource constraints.
They have an obligation to act reasonably, but they won’t be held to account when their budget limits their ability to resolve an issue. Furthermore, they can avoid liability altogether by showing they followed the expected guidelines.
Sometimes, local government authorities can defend against claims if they have followed the proper procedures.
How much compensation you receive for an injury on council property depends on a few factors, including:
An approved compensation payout can cover both economic and non-economic losses, including:
Here are the steps of the claims process when you suffered an injury because of council negligence.
After an injury, seeking medical attention promptly is essential, as medical records serve as vital evidence linking your injuries to the incident.
You should see a doctor even if you have no symptoms, as some damage develops over time, such as whiplash (and other soft-tissue injuries)
The next step of the claims process is to document the scene, including:
Ask someone you know to follow these steps if you are incapacitated
In Australia, many local government bodies have a time limit of 30 days to report an incident.
You will need strong evidence to have a successful claim against a council. These documents can include:
You also used social media to investigate if other local residents had complained about a hazard.
The legal process can differ between local councils in Australia, with each having various procedures, for example.
Next, lodge an accurate personal injury claim form with the liable insurer with all the related documents, such as:
If you are working with a public liability lawyer, they will handle this process on your behalf.
In Australia, most claims are settled by mediation. If the other party accepts liability will receive compensation at the end of settlement negotiations.
Local councils in Australia will typically deny claims based on:
But with the correct facts, evidence and legal representation, you can contest their decision. When negotiations fail, a lawyer might recommend legal proceedings in court.
They can explain how to get further evidence to prove your case. Including proof of poor maintenance or resource limitations that helped cause the accident.
If you have been injured in a public space, you must lodge your claim against local councils within strict time limits. Hence, it’s important to act quickly.
Here are some real-life examples from Queensland Court Judgements.
The claimant was riding a pushbike on a public road. He collided with a protective barrier erected by the Brisbane City Council and fell onto a metal stake, causing a severe eye injury. He lost his left eye and suffered PTSD as a result of the incident.
Settlement amount: $675,926.77
The claimant fell while riding a bike due to partly completed road repairs by a local authority. His wheel was caught in a groove, causing him to lose control and fall. He suffered a shoulder injury with surgery to the rotator cuff.
Settlement amount: $56,011.04
The claimant was walking along the street and fell due to an uneven footpath, fracturing her hip. There was no sign warning of the hazard.
Settlement amount: $50,323.45
The legal team at Splatt Lawyers provide qualified advice for public liability claims against local councils on a 100% no-win, no-fee basis. They can explain the following:
Pay for a win and zero if you lose. It’s free to know where you stand. Call 1800 700 125
Our legal team provides QLD-wide advice for injuries in public spaces and on private property.
Yes, you can take legal action against local councils when you suffer an injury due to their negligence. A public liability law firm can explain how to prove negligence for this type of case.
You must prove negligence to successfully claim compensation from a council. According to the Mackay City Council, you will need evidence to prove your case, including the following:
Our personal injury lawyers know how to hold councils accountable when they fail in their duty of care.
Back to top: Compensation claims against local councils
Keeping you up-to-date and informed with relevant facts and news about the
world of compensation law, our law firm and our services
