If you suffer an injury while walking on a footpath, you may be able to claim compensation from your local council.
However, Queensland law makes this quite difficult because councils are protected under the Civil Liability Act 2003 (Qld), which states that you must definitively prove that they knew about the specific hazard and failed to fix it within a reasonable time.
Footpath falls cause many serious injuries across Queensland each year, and this guide will explain when councils are liable, the evidence you’ll need and how to go about making a successful claim.
Quick Answer
Can I sue my local council for a footpath fall?
Yes, you may be able to as long as you can prove:
- The council knew about the hazard which caused your accident
- They failed to repair it within a reasonable time
- The hazard definitely caused your injury
What you must do:
- Get medical attention and document your injuries
- Photograph the hazard, along with clear measurements
- Report the issue to the council in writing
- Contact a personal injury lawyer as quickly as possible
Time limit on claims: 3 years from injury date
When Councils Are Legally Responsible
Queensland councils must maintain public footpaths and ensure they are in a reasonably safe condition. However, they're only liable if they fail to repair a known hazard.
In order to make a successful compensation claim for an injury suffered on a public footpath, you must prove three things:
- The council knew about the hazard through resident reports, inspections or previous repairs
- They failed to act within reasonable time to fix or secure the area
- The hazard caused your injury and significant harm
Examples of councils at fault
- A council repairs the same pothole twice, proving they knew about the recurring problem
- A council receives multiple complaints about raised tree roots but takes no action for months
- A council identifies a cracked slab during inspection but doesn't repair it before it causes an injury
Examples where councils are unlikely to be liable
- Defects below the council's intervention threshold (e.g., 20mm height difference where policy requires 25mm or greater, etc.)
- An uneven footpath caused by subsidence that developed days before an injury occurs
What You Can Claim
Compensation covers:
- Medical expenses, including medical treatment, specialists, physiotherapy, medication and any future care you may require
- Lost income and reduced earning capacity
- Pain and suffering damages
- Out-of-pocket costs, such as travel, home modifications, mobility aids and domestic help you may need because of the injury
There are a number of critical steps you must take in order to give yourself the best chance of lodging a successful claim:
- Report the hazard to council within 72 hours in writing (keep all correspondence as evidence)
- Document everything with photos and measurements
- Request council inspection records via FOI within 30 days
- File your claim within 3 years of the accident
Common Scenarios
I tripped on a raised paver from tree roots, is the council liable?
Tree root damage is extremely common in footpath claims, and liability depends largely on whether the council knew about the specific raised paver that caused your injury.
What strengthens your case:
- Previous complaints about tree roots in that location (check via FOI)
- Measurements showing height difference above 15-25mm (typical council thresholds)
- Evidence of previous tree root trimming in order to prove ongoing awareness
- Large, established trees with aggressive root systems, indicating long-term problems
Important: if the council has managed tree roots at the location of your injury previously, it proves they knew about the hazard.
How do I prove the council should have known about a cracked footpath?
Proving the council knows about an issue with a footpath is the biggest challenge because Queensland law requires actual awareness, not just that they "should have known."
It’s crucial that you gather this evidence:
- Council inspection records (via FOI) showing when they last checked the street
- Previous repairs nearby, as it suggests awareness of poor conditions
- Neighbour complaints submitted before your accident (get copies with reference numbers)
- An expert assessment from engineers on how long the crack has been there based on weathering, vegetation growth and concrete deterioration
Key point: in Queensland, you can’t simple prove the hazard "should have been discovered," you need definitive evidence that the council actually knew.
The council fixed the footpath right after my accident, does this help?
Prompt repairs in the aftermath of your accident are important evidence, but not definitive proof. Although, quick action may suggest the council recognised it as a priority safety issue.
What to document:
- Photos of the repairs in progress, along with with date stamps
- The timeframe between your fall and the beginning of repair work (7-14 days suggests it’s a high-priority hazard)
- Council records showing when the work was ordered and whether it was flagged as urgent
Although councils claim post-incident repairs aren't admissions of liability, they can demonstrate awareness that the defect posed a significant safety risk.
I reported the hazard before but the council failed to act, what now?
In this case, it significantly strengthens your claim because you are able to prove the council actually knew about the issue and failed to act.
Critical evidence to gather:
- Your original report (email correspondence, online portal history, registered mail, etc.)
- The exact date you made the report and a description of the problem (screenshots essential)
- Any council response, reference numbers or promises to inspect
- Time elapsed between report and injury (3-6 months may constitute negligence)
Important: reporting via official channels with written confirmation is far more effective than simply making phone calls.
Can I claim if the defect seemed obvious after I fell?
Queensland courts may recognise that an "obvious" hazard can still cause legitimate injuries, but councils are likely to argue contributory negligence.
Strengthen your case by documenting:
- Factors which make the hazard less obvious (poor lighting, shadows, wet conditions, camouflaging, etc.)
- That you were exercising reasonable care (looking ahead, normal pace, appropriate footwear, not distracted)
- Witness statements describing the hazard as difficult to see
Even if found partially at fault, you can still get compensation, it’ll just be reduced based on percentage liability.
How much compensation can I expect?
The compensation you’re awarded for an accident on a footpath will vary significantly based on injury severity, costs incurred as a result and the long-term impact of the injury.
To claim pain and suffering in Queensland, your injury must be assessed at least 5% Whole Person Impairment (WPI) by an independent expert.
Step-by-Step Claim Process
1. Get immediate medical attention
Visit your GP or emergency department, even if your injury appears minor. Ensure your doctor documents how the fall occurred and links your injuries to the footpath incident.
2. Document the scene thoroughly
Within 24-72 hours of the accident, photograph the hazard from multiple angles (wide shots, context shots and close-ups with ruler measurements). Ensure you include any warning signs, nearby repairs or deteriorating conditions.
3. Report to council officially
Submit your report via online portal or email (not phonecall) along with photos and the exact location of the accident. Save confirmation receipts to create an official record.
4. Gather witness information
Collect the names and contact details of anyone who saw your fall and/or the hazard. Written statements about what they witnessed and the hazard's visibility are crucial here.
5. Request council records
Within 30 days of the incident, submit an FOI request for inspection logs, maintenance records, previous complaints and repair orders, covering at least 6 months before your accident.
6. Contact a lawyer early
Consult a specialist public liability lawyer at the earliest opportunity so they can assess the viability of your claim before evidence disappears or the council repairs the defect.
7. Complete treatment and assessments
Do all the treatment recommended to you by doctors and specialists until Maximum Medical improvement (MMI). Undergo independent medical examinations to assess injuries, impairment ratings and future needs.
8. Prepare expert evidence
Your lawyer will find engineering experts to assess the defect, determine how long it existed and whether it breached maintenance standards.
9. Negotiate settlement
Most public liability claims are settled during negotiations. Your lawyer will present the evidence of negligence, injuries and the compensation you’re seeking.
10. File court proceedings if necessary
If the settlement fails and your claim has merit, proceedings must begin before the 3-year deadline.
Essential Documents
- Medical records linking your injuries to the fall
- Photographs with measurements of the hazard
- Council inspection records via FOI
- Witness statements describing the scene
- Evidence of reporting (screenshots, emails, receipts)
- Financial loss documentation (payslips, receipts, quotes)
- Engineering expert reports assessing the defect
Legal Framework
The Civil Liability Act 2003 (Qld) Section 37 provides councils with a form of protection unless they are negligent in failing to repair a known hazard, while section 35 requires courts to consider councils' financial limitations.
What this means:
- You must prove they had actual knowledge of the danger, not simply that the hazard "should have been discovered"
- Courts recognise councils can't maintain every footpath perfectly and must prioritise within budgets
- Councils are judged on whether their inspection systems and repair timeframes were reasonable given the resources available to them
Red Flags
You should take Immediate action if:
- You experience severe pain, inability to bear weight or visible deformity
- You have a head injury which causes confusion, dizziness or loss of consciousness
- The council has already repaired the hazard (photograph immediately)
- You’re approaching the 3-year limitation deadline
Common mistakes to avoid:
- Not making your report in writing (phone calls create no verifiable records)
- Accepting responsibility at the scene
- Delaying medical treatment
- Settling before understanding the full extent of your injury
- Not preserving evidence before repairs
When to Seek Legal Advice
It’s always a good idea to seek legal advice immediately, and especially if:
- Your injury required hospitalisation or surgery
- The council denies your claim
- You're unsure if you have sufficient evidence
- Multiple people have been injured at same location
- Injuries are permanent or ongoing
- You’re approaching 3-year limitation period
Early advice helps you:
- Understand your full rights and realistic compensation
- Avoid common pitfalls that weaken claims
- Access rehabilitation services sooner
- Preserve evidence before time limits expire
Key Takeaways
- Queensland law protects councils unless you can prove they have actual knowledge and still failed to repair
- Evidence of council knowledge is critical. Make official reports in writing and request FOI records
- Photograph everything immediately before councils repair hazards
- Not all defects meet liability thresholds (typically 15-25mm)
- There’s a 3-year deadline to file, but evidence preservation requires immediate action
Get Help Now
If you’ve suffered an injury on a public footpath and you're uncertain about your rights or the best next steps, getting early legal advice helps you understand your options, hold your insurer accountable and get the financial support you're entitled to.
Claims for these types of injuries can be quite complex and have a serious financial and emotional impact, particularly when you're unable to work and facing mounting expenses. You don't have to navigate this frustrating process alone.
Contact Smith's Lawyers today for a free, no-obligation consultation with lawyers experienced in claims for falls on public footpaths under our No Win, No Fee, No Catch® promise.
You don't pay unless your claim succeeds, so call us on 1800 960 482 or use the form below to have our team contact you at a convenient time, and we'll assess your situation and guide you through the claims process.
