If you suffer an injury while in a Queensland national park, state forest or public trail, liability depends on whether the managing authority breached its duty of care.
Queensland Parks and Wildlife Service (QPWS), local councils and other land managers can be held responsible for failing to maintain infrastructure, not providing warning about known dangers and allowing hazardous conditions in developed areas.
The law in Queensland strikes a fine balance between two interests: preserving natural environments and ensuring public safety. While visitors must accept some inherent risks when enjoying nature, the authorities still have responsibilities, particularly in developed areas like picnic grounds, boardwalks and designated trails.
Who's Responsible and When?
Understanding duty of care
Whoever manages the land has a duty to take reasonable care under the Civil Liability Act 2003, which states that authorities must take precautions against foreseeable risks, but they don't have to eliminate every natural hazard.
The extent of the duty of care depends on the area's development level. For example, designated picnic areas, campgrounds, boardwalks and trails that are maintained have higher safety standards because visitors reasonably expect these spaces to be safe, while remote wilderness areas have lower expectations.
Authorities may be liable when:
- Poorly maintained infrastructure collapses (rotten boardwalk, broken stairs, etc.)
- There are no warnings for known hazards (unstable cliff edges, dangerous conditions, etc.)
- Hazards in designated areas aren't properly managed (diseased trees in picnic grounds)
Authorities generally aren't liable for:
- Natural terrain features (tree roots on clearly marked natural trails)
- Obvious risks (wet rocks beside waterfalls in remote areas)
- Injuries from ignoring safety instructions (leaving designated trails despite signage)
Common Scenarios
A broken boardwalk caused my fall
Can I claim? Yes, you will likely have a strong public liability injury claim in this case because all man-made infrastructure must be properly maintained.
What matters:
- Photograph the broken boardwalk from multiple angles. Ensure you clearly show the damage and any visible deterioration
- Report the incident to QPWS immediately and request they close the hazardous section
- Seek medical attention even if your injury seems minor
- Walking on properly maintained boardwalks isn't considered a "dangerous recreational activity." The duty to maintain structures applies even in natural environments
I tripped on tree roots on a bush trail
Can I claim? If the trail was clearly designated as a natural surface, you probably won’t be able to make a claim. Uneven terrain and exposed roots are inherent dangers of nature that visitors must accept.
What matters:
- Check if the trail was marketed as "maintained," "family-friendly" or "accessible," as this may indicate a higher duty of care
- Document any signage about trail conditions
- Consider whether human activity created or worsened the hazard (poor drainage design, erosion from maintenance, etc.)
- Get legal advice if the root was near facilities or on a paved section where natural hazards wouldn't normally be expected
The Civil Liability Act recognises natural features as part of the outdoor experience. Courts find that visitors assume responsibility for obvious terrain variations on natural surface trails.
A Tree branch fell on me at a picnic area
Can I claim? Yes, especially if the injury occurred in designated, developed picnic areas. Authorities have a higher duty to inspect trees and manage hazards in areas that are specifically for public use.
What matters:
- Photograph the fallen branch and tree, noting any visible disease, rot and/or damage
- Report the incident and find out if the tree had been recently inspected
- Get comprehensive medical records, as falling branches can cause serious head injuries, spinal damage and psychological trauma
- Request information about the park's tree inspection regime and maintenance records
Unlike wilderness areas, designated picnic grounds are subject to stringent safety standards.
A lookout had no safety barrier
Can I claim? Possibly, especially if the lookout is actively advertised as a tourist destination and the lookout’s drop-off creates a foreseeable risk that barriers could prevent.
What matters:
- Document the absence of barriers, the platform’s condition and any signage
- Check the park's marketing materials. If it’s promoted as family-friendly, the duty of care is heightened
- Obtain evidence of any previous incidents (freedom of information requests can reveal incident reports)
- Consider whether the hazard was obvious. Stable cliff edges in remote areas typically don't require barriers, but unstable edges at popular lookouts often do
Courts balance the preservation of nature with safety. Developed, promoted tourist lookouts generally need higher safety measures than remote wilderness viewpoints.
I was injured while swimming in a waterhole
Can I claim? This largely depends on whether the waterhole is designated for use, the cause of your injury and if there are adequate warnings about specific hazards.
What matters:
- Determine if the injury occurred in a designated swimming area with facilities (higher duty) or at a remote natural feature (lower duty)
- Identify the cause of the injury. Natural hazards like currents are generally considered obvious, but unstable rocks, submerged debris and man-made hazards can create liability
- Check for specific danger warnings. Generic "swim at your own risk" signs may not be enough if there are specific hazards
- Document water conditions, visibility, facilities and how the location is marketed
Swimming in natural waterholes involves obvious risks visitors voluntarily accept. However, if QPWS knew of specific dangerous features and failed to warn about them, they may end up being liable.
Broken trail stairs caused my fall
Can I claim? You can likely make a claim if the authority failed to maintain the stairs, knew about the defect or didn't provide adequate warnings or alternative routes.
What matters:
- Take detailed photographs of the broken stairs. Make sure you show the specific defect and any deterioration
- Report the injury immediately and document that you've notified authorities
- Get comprehensive medical assessment as stair falls can cause serious fractures, head trauma and spinal injuries
- Request maintenance records, the inspection history and previous reports for the area where the accident took place
Unlike natural terrain, man-made infrastructure must be properly maintained and meet reasonable safety standards, even in natural settings.
What You Need to Do
Immediate actions
Document the scene:
- Take comprehensive photos from multiple angles
- Note the exact location (GPS coordinates if possible)
- Photograph relevant signage or lack thereof
- Record the weather and lighting conditions at the time of the accident
Report the incident:
- Complete an official incident report with the QPWS or your local council immediately
- Get a copy of the report and the incident reference number
- Request written confirmation that the hazard will be addressed
Seek medical attention:
- See a doctor even if injuries seem minor because certain serious injuries aren't immediately apparent
- Follow all treatment recommendations
- Keep copies of all medical reports, receipts and prescriptions
Gather evidence:
- Get witness statements and contact details
- Preserve damaged clothing, footwear and equipment
- Document the injury’s impact on your daily life, work and activities
Critical timeframes
You must serve a Notice of Claim within 9 months of your injury or 1 month after engaging a lawyer, whichever comes first. This is strictly enforced under the Personal Injuries Proceedings Act. Missing this deadline can result in your claim being dismissed, so you should try and do it as quickly as possible.
Court proceedings must be filed within 3 years of the injury.
Common Mistakes to Avoid
Not documenting before changes occur: park authorities often fix hazards quickly after incidents, so take thorough photos immediately as evidence may disappear within days.
Accepting "it's just nature" without investigation: while some natural hazards are accepted risks, many park injuries involve negligent maintenance or inadequate warnings, so get a legal assessment to see if you’re entitled to make a claim.
Missing the 9-month notice deadline: this is the most common fatal mistake. You must serve the Notice of Claim within the timeframe even while undergoing treatment for your injury.
Giving detailed statements without legal advice: authorities may use your words against you while defending a claim, so stick to basic facts in incident reports and get legal advice before entering into detailed discussions.
Delaying medical attention: many serious injuries aren't immediately apparent, so delayed diagnosis can create doubt about causation.
Assuming warning signs defeat your claim: generic warning signs don't necessarily protect authorities from liability for specific dangerous conditions they created or failed to maintain.
When to Get Legal Advice
It’s always recommended to seek legal advice as quickly as possible, especially if:
- Your injuries are moderate to severe (fractures, head injuries, spinal damage, ongoing pain, etc.)
- Your injury caused you to miss work or impaired your work capacity
- The hazard involved man-made infrastructure (boardwalks, stairs, bridges, facilities, etc.)
- The injury occurred in a developed area (picnic grounds, campgrounds, car parks, etc.)
- The authority knew about the hazard (previous complaints, obvious deterioration, etc.)
- You're unsure whether you have a valid claim
- You're approaching the 9-month deadline
Why early advice matters
Early legal advice will help you understand your full entitlements, access the rehabilitation you need to recover without upfront costs, avoid common pitfalls, meet strict deadlines and explore all potential claims (including TPD insurance through superannuation, income protection and trauma insurance).
Key Points to Remember
Not all park injuries are compensable. Natural terrain and obvious risks are generally accepted, while liability typically arises from poor infrastructure maintenance, inadequate warnings about known hazards and/or unsafe conditions in developed areas.
Man-made infrastructure must be maintained. Authorities have a duty to properly maintain boardwalks, stairs, bridges and facilities, even in natural environments. Visible deterioration creates foreseeable risk that requires prompt action.
Time limits are strictly enforced. Missing the 9-month notice deadline or 3-year court filing deadline can mean losing compensation rights regardless of your case’s strength.
Higher duties apply in developed areas. Designated picnic areas, campgrounds, popular lookouts and maintained trails have stricter safety obligations than remote wilderness areas.
Get Help Now
If you've been injured in a national park or on a public trail and believe the managing authority failed in its safety obligations, seeking legal advice at the earliest opportunity helps you understand your rights and protect your entitlements.
Contact Smith's Lawyers today for a free, no-obligation consultation with lawyers experienced in claims for injuries in national parks and on public trails 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.
