Local Councils are responsible for keeping public spaces safe for all users. However, there are times when a public space, such as a cracked sidewalk, can cause a person to trip and be injured. This is just one example of the type of injury that could allow an injured person to file a claim against the Local Council that is responsible for the maintenance of the sidewalk.
Areas of Public Domain
Before an injured person can file a claim against a Local Council, they must have incurred their injury in a space that is designated as the responsibility of the Local Council. As such, it must be shown that the safety of the area was within the purview and control of the Local Council’s responsibilities at the time the person was injured. Examples of these types of areas include;
- Public Parks; including recreational areas such as playgrounds and fields that are set aside for public use to play games such as football.
- Sidewalks, Footpaths and Bicycle paths; All the areas where people are expected to traverse by foot or bicycles are ones that the Local Council tends to be responsible for the upkeep and the general condition of
- Public Buildings; this includes libraries, court houses, public hospitals, public meeting centers
- Street lights, Traffic lights and Signage; This includes proper illumination of city sidewalks, working traffic signals and proper placement of stop signs, yield signs, pedestrian crossings and emergency information signage.
- Storm drainage and Waterways; This includes public sewer systems, proper drainage of streets and sidewalks to eliminate the dangers of flooding.
Steps to Take if You Are Injured in a Public Space
- Before leaving the scene of your injury, try and take a picture of the dangerous area you encountered. For example, if you tripped over a crack in the sidewalk, be sure and photograph the crack and the surrounding area
- Seek medical attention for your injuries; save the receipts for any medical or related costs you incur as a result of your injury
- If you are going to submit a claim to your insurance company, you will need to let them know that it happened in a public space, as the insurance company may have a right to recoup their costs from the Local Council
- If you are going to file a claim directly against the local counsel, it is first recommended that you seek professional assistance from a solicitor that specializes in these types of Local Council personal injury claims
- If you are going to attempt to file a claim on your own, you will need to write a letter of demand or complete the Local Council provided paperwork. You will need to provide a written statement describing the location, the deficit that caused the injury, the date and time of the injury, the medical attention you sought and your losses to date. Be sure to include the photographs of the poorly upkept area and receipts of the costs you have incurred
After Filing
After you have filed your claim with the Local Council an investigation is likely to be launched by the Council and their investigators. Again, this is a good time to seek professional representation by a solicitor who can help you navigate the process of the investigation and any offer of settlement that you might receive from the Local Council’s attorney.
Decision
Once the Local Council has completed their investigation you will receive notice of their decision to accept or deny your claim. If the claim is accepted, you will most likely be offered some form of compensation for your injuries. If the claim is denied, you will need the assistance of a solicitor to determine if you want to appeal the Council’s decision.
In the event that you find yourself in need of assistance, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.