If you get injured while running, or walking on a footpath that is public, you may not know what to do. Who is accountable for the maintenance of the public footpaths? Do you have legal rights to file a claim for compensation in the event of the injury you sustained?
We've addressed a number of frequently asked questions on accidents on public footpaths as well as public injuries to property, also known as claims for public liability.
A trip on a footpath could result in injuries such as broken bones and head injuries to spinal injuries. Local councils are generally accountable for repairing and upgrading pedestrian paths for residential use. In order to make a successful claim for injury in a public space against a council, you have to prove that your injuries were the result of carelessness, for example, the failure to fix the fault on behalf of the council.
What can you do to claim your local council in the event of an accident?
Legal claims for public liability must be proved that your injuries are the result of the responsible individual or company's negligence. Finding negligence in the instance of a footpath accident that is public is particularly difficult because local councils are shielded by the applicable law.
This typically signifies that there had to be an utter lack of care on the part of the council to be able to make an appropriate compensation claim following getting injured while walking on footpath that is public. In other words, if the council was aware of the danger and failed to take action on the issue you can claim compensation.
Since footpaths are considered to be public spaces and are governed by law, there is an obligation to take appropriate care when running, walking or riding. That means the contributory negligence is considered in the event that your behaviour or negligence caused the fall that caused injuries, your compensation might be reduced depending on the proportion of blame shared among you and your local council. For instance, if you were distracted while looking at your phone, you could be found to be partially at fault for causing injury.
It is always advisable to get legal advice as quickly as you can after being injured, even in a public walkway. A public liability lawyer Gosford will be able to evaluate the situation and inform you on the legal options available to you.
What compensation can you claim for?
In general, if injured while walking on a public footpath, you may file a claim for compensation for your psychological and physical losses and injuries. Compensation is available for past and future losses . It could be a combination of:
- Hospital and medical expenses;
- Income loss;
- Ailment and pain;
- Assistance will be received in your home regardless of whether it was paid or not.
The amount you are awarded is determined by the severity of your injuries as well as the impact they had on your life.
What should you do if are injured while walking on an open footpath
- Take photographs of the path and the surrounding area to record the danger and the condition of the location and the reason for the accident. If possible, include a photo in the photo that illustrates the magnitude of the hazard or defect;
- Keep a copy of medical reports that describe your injuries as well as the treatment you received;
- Make copies of all medical bills and invoices;
- Check to see whether the local council had been aware of the problem and if prior complaints were made to the council regarding the risk (local facebook pages, or talking to locals might aid) as well as
- Get legal advice as quickly as you can.
Conclusion
If you've been injured on a footpath that is public or inside a public space contact Public Liability lawyers Gosford. They assist clients in seeking compensation from local councils as well as other organisations and will advise you of your rights and obligations.
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