If you have been injured on a public footpath in Perth due to unsafe conditions, you may be entitled to make a Public Liability Claim against the party responsible for maintaining the area.
As the leading personal injury lawyers in Perth, we help injured individuals understand their rights and determine whether they have a valid claim. This guide explains what to do after a footpath accident, when you may be eligible for compensation, and why seeking legal advice early is important.
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What Is a Public Footpath Injury Claim?
When a local council fails to maintain a public footpath to a safe standard, and someone is injured as a result, that person has grounds to make a Public Liability Claim against the responsible authority. Under Western Australian law, councils have a legal duty of care to keep public walkways reasonably safe for pedestrians.
Common causes of public footpath injuries that support a valid claim include:
- Cracked, raised, or sunken pavement slabs
- Trip hazards caused by tree root damage
- Slippery surfaces from poor drainage
- Unguarded construction zones near footpaths
- Inadequate lighting in pedestrian areas
If any of these contributed to your injury, CLP Legal can assess your situation and advice based on your Public Liability Claim at no cost to you.
Who Is Responsible for a Public Footpath Injury?
Determining who is responsible is one of the most important parts of a Public Liability Claim.
Depending on the circumstances, liability may rest with:
- Local councils
- Government Authorities
- Property Owners
- Maintenance Contractors
Identifying the correct party often requires an investigation into who controlled the footpath and whether reasonable steps were taken to keep it safe for public use.
It is essential to show that the responsible party had prior knowledge about the defect in the footpath before any claim can be made against them. You may consider making a Freedom of Information application to determine if this is the case.
What To Do After a Footpath Injury?
Acting quickly after a public footpath injury protects both your health and your claim. Here is what to do:
1. Seek Medical Attention
Visit a doctor or hospital right away. A medical report from the day of the incident is one of the most valuable pieces of evidence in a Public Liability Claim.
2. Document the Hazard
Photograph the exact location of your injury, the hazard that caused it, and any visible injuries. Councils sometimes carry out repairs shortly after an incident is reported, so photograph the scene as soon as possible.
3. Report the Incident
Formally notify the relevant council, authority, or property manager as soon as possible. Request written confirmation that the incident has been reported. This helps create an official record of the hazard and your injury.
4. Keep All Records
Hold onto medical invoices, receipts, and any documentation of lost income. These form the foundation of your compensation calculation.
5. Get Legal Advice
Speak with a Public Liability lawyer before making any statements to the council or its insurer. CLP Legal offers an initial consultation and will guide you from the very first step.
What Compensation Can You Receive?
If your Public Liability Claim is successful, you may be entitled to compensation for various financial and personal losses resulting from your injury.
| Compensation type | What it covers | Example scenario | Claim value |
| Medical Expenses Past & future costs | Hospital visits, surgery, physiotherapy, specialist consultations, medications, and ongoing rehabilitation | Fractured wrist requiring surgery, six weeks of physio, and a follow-up specialist review | High value |
| Lost Income Wages & future earnings | Wages lost while unable to work during recovery, and any permanent reduction in earning capacity | Tradie unable to work for 3 months after a knee injury, losing full-time income | High value |
| Pain & Suffering Physical & emotional impact | Compensation for physical pain, psychological distress, anxiety, and reduced quality of life | Chronic back pain and anxiety following a footpath fall, preventing normal daily activities | Medium value |
| Care & Assistance Home & domestic support | Costs of professional or family-provided help with domestic tasks, personal care, and mobility during recovery | Family member providing daily care for an elderly person unable to manage independently after a hip fracture | Medium value |
| Out-of-Pocket Expenses Direct related costs | Transport to medical appointments, prescribed aids and equipment, mobility devices, and other injury-related costs | Taxi fares to physio, purchase of crutches and a knee brace, and prescription medication costs | Varies by case |
Important: Every Public Liability Claim is different. The compensation available will depend on factors such as the severity of your injury, the evidence available, and the impact the injury has had on your life and ability to work.
Start Your Public Liability Claim Today
Taking action early can help protect important evidence and strengthen your claim. If you have been injured on a public footpath in Perth, CLP Legal can provide advice on your eligibility for compensation and guide you through the next steps.
Contact our team today for legal advice tailored to your circumstances.
