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Local Councils are responsible for the maintenance of public spaces and properties to ensure that they are safe for people to use. Basically, they have a duty to keep people safe. Sometimes, they may fail in their duty and cause an injury. If you’ve been injured in a public space or council-owned property, you may be entitled to compensation.

Frequently asked questions: Injuries in a public space

I've been injured on a public footpath, do I have a claim?

You may have a claim if a council footpath wasn’t properly maintained, for example there were large cracks or the concrete was uneven or displaced, and you tripped over it injuring yourself.

I've been injured on a bike path, do I have a claim?

Bike paths are also usually looked after by local councils. They have a duty to maintain the path and ensure any reported hazards are reasonably responded to. For example, if the council failed to fix a pothole that’s been reported numerous times and you fall and injure yourself whilst out riding, walking or jogging, then you may be able to sue the council for negligence because they failed their duty to keep the bike path safe.

If your bike accident was on the road and involved a motor vehicle , then this is different, and you should be covered by your state’s CTP compensation scheme.

Check if you have a Public Liability claim

Find out where you stand with our Free Claim Check. Answer a few simple questions online and we can help with your next step.

I've been injured at a public park or playground, do I have a claim?

Common injuries that occur at public parks and playgrounds include being struck by a falling tree branch from a poorly maintained tree, or being hurt while using unsafe playground equipment. These types of injuries are common examples of a public liability claim.

For more information about public trees.

I've been injured playing sport, do I have a claim, do I have a claim?

Sporting clubs and associations that organise sporting programs have a duty of care to make sure that the game is as safe as possible for the players. If they fail in their duty and you get hurt, you may be entitled to compensation against the club. Most sporting clubs will have some form of public liability insurance.

If you got injured playing recreational sport, for example kicking the footy around with mates at the local public oval, and you were injured because the surface was not well maintained or dangerous, then you may be entitled to make a claim against the local council, who’s responsible for the reasonable upkeep of the sporting ground.

For more information about your rights if you’ve been injured playing sport.

I've been injured in a dog attack, do I have a claim?

If a dog attacks or bites you or your pet, the owner of the attacking dog can be prosecuted for an offence and fined. In addition to this, you may also be entitled to compensation against the dog owner for any injuries you suffered as a result of the attack.

In these situations, the dog owner’s home and content insurance may cover them for any compensation that you’re entitled to for your injuries.

What do I do if I've been injured

If you’ve been injured on public or council-owned property, you should speak with a member of our experienced Public Liability team. We’ll be able to answer your questions, advise if you may have a claim and help you consider your options

We offer free initial appointments** so you can ask questions and allow our team to better understand your situation.


No Win - No Fee*

We are the original No Win, No Fee* lawyers. This means that if you don’t win you don’t pay the fees for the work we do on your case.

*For full T&Cs on No Win - No Fee, click here.

If you do make a claim, we’ll be with you to help guide you through every step of the legal process so you can have peace of mind knowing you have us taking care of your case.

Meet our Public Liability team

Barrie Woollacott

Senior Legal Counsel, Public Liability

Aaron Athanasi

Lawyer

Oliver Robertson

Lawyer

Neha Pratap

Lawyer

Kirsty Osborne

Associate

Ike Nwokolo

Senior Practice Leader, Public Liability

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