Posted on 25 Jul 2025

Injured on a Public Footpath? Compensation Claims Against Local Council

Can I make a compensation claim against a council?

You may be able to claim compensation if you were injured on council-managed property — but it all depends on the circumstances of your accident and whether the council is legally responsible.

Common locations where council injuries happen include:

Footpaths and roads: councils are responsible for maintaining roads, footpaths, kerbs, and pedestrian crossings.
Parks and playgrounds: including sports fields, skate parks, playgrounds, and other recreational spaces.
Public buildings: such as libraries, community centres, and council offices.
Street lighting and signage: councils must ensure streetlights work properly and signage is clear and visible.

This isn’t an exhaustive list. If you’ve tripped, slipped, or otherwise been injured on council property, you may have a claim. But keep in mind, being injured isn’t enough — you’ll also need to show that the council acted negligently by failing to take reasonable steps to prevent the risk. We’ll explore what that means in more detail below.

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How to prove compensation claims against local councils

To prove your compensation claim, you’ll need to show that the council was ‘negligent’. This involves meeting four key legal tests. To show you how this works, we’ll use the example of a public footpath injury.

Every local council has a legal duty of care to people who use public spaces within their area, including footpaths, parks, roads, and community facilities. This means they’re required to take reasonable steps to keep those areas safe and free from hazards.

So if you were injured on council-managed property, this first step is generally straightforward.

In council compensation claims, proving negligence involves showing how long the hazard was present and whether the council failed to act in a reasonable timeframe. Common hazards include cracked or uneven footpaths, overgrown tree roots, loose pavers, and broken steps.

This means that across Australia, a council will generally be considered negligent if it knew about the hazard and didn’t fix it.

But if they didn’t know about it, you may still have a case. Some states, like NSW, allow you to claim compensation against a council if you can prove that they should reasonably have known about the hazard. This usually comes down to things like how long the hazard was there and whether regular inspections would’ve uncovered it.

For example, if a crack in a footpath had clearly been there for months or was previously reported, you could argue the council breached its duty by failing to act. But if the crack only appeared days before your injury and the council has no record of it, your claim may be more difficult to prove.

You’ll also need to prove that your injury was directly caused by the council’s failure to fix the hazard in a reasonable timeframe. This is known as the ‘but for’ test — as in, but for the council’s inaction, you wouldn’t have been injured.

In a footpath claim, that means showing you wouldn’t have tripped but for the cracked or uneven surface that was left unrepaired.

Finally, you’ll need to prove that you’ve suffered an actual injury and experienced some kind of loss as a result — whether that’s medical bills, time off work, reduced earning capacity, or pain and suffering that’s affected your quality of life. Without this, even if the council was negligent, you wouldn’t be eligible for compensation.

To win a compensation claim against council, you’ll need strong, detailed evidence proving each of these criteria.

To give yourself the best shot at success, it’s a good idea to speak with a specialist lawyer before starting your claim. Councils have strong legal protections and even stronger legal teams — so you need an expert in your corner to level the playing field.

What defences can a council use against my claim?

Councils have a range of legal defences they can use to fight injury claims — and they use them often. These defences are designed to limit council liability and make it harder for injured people to claim compensation. That’s why it’s so important to have a lawyer who understands how council claims work and knows how to push back.

Some of the most common council defences include:

No knowledge of the hazard: if the hazard is new or unreported, the council may argue that they could not reasonably be expected to know about the hazard.
The policy defence: even if the council knew about the hazard, they can argue that it wasn’t repaired immediately due to a broader council policy, budget decision, or lack of resources.
Obvious risks: if the risk was something any reasonable person would have seen (like a clearly visible pothole or cracked pavement) the council might argue they’re not responsible because you should have avoided it.
Inherent risks: some injuries result from risks that can’t be eliminated, even with proper care. The council may say your injury came from one of these ‘inherent risks’ and wasn’t due to their negligence.
Illegal behaviour: if you were injured while doing something unlawful (like trespassing), the council might argue your claim should be denied.
Contributory negligence: if the council believes your own actions played a part in the accident, they may try to reduce your compensation. This could include being distracted, running, or wearing unsafe footwear.

Since councils are always reluctant to admit fault, it’s crucial to get expert legal advice on your claim. Our lawyers understand exactly how councils operate and will pull together strong evidence countering each of their defences.

How much compensation could I receive?

The compensation you receive depends on how serious your injury is and the impact it has on your life. Depending on your circumstances, your settlement could include:

Lost income and superannuation: covering both past earnings and future losses.
Care and support: including professional help as well as assistance from family or friends. This also covers if you’re no longer able to care for a child or dependent.
Pain and suffering: compensation for the physical and mental effects of your injury.
Other injury-related expenses: such as medical bills, travel costs, and home or vehicle modifications.

On top of your council negligence claim, you might also be eligible for a Total and Permanent Disability (TPD) claim if your injury prevents you from returning to work. As part of our full-service approach, we carefully review your situation to uncover all possible claims, which can often be worth significantly more than your council compensation claim alone.

Mateo wins $950k in historic claim against council

Mateo was seriously injured after stepping into a badly repaired pothole, and we had to act fast to prove the local council’s negligence before the hazard was fixed. Our lawyers began by bringing in safety experts who confirmed the dangerous condition of the pothole repair. We then worked with medical experts to document the lasting impact of the accident on Mateo’s health, including multiple surgeries and chronic pain that left him unable to work.

Thanks to this detailed evidence and our focused negotiations, we successfully proved the council was negligent — despite their immunities under law. Mateo received a substantial $950,000 settlement to cover his medical expenses, relieve financial stress, and help him retrain for a new career suited to his injuries.

Read Mateo's full story

What should I do if I’m injured on council land?

If you’re injured on a public footpath, park, or other council-managed space, taking the right steps early on can make all the difference to your recovery — and your ability to claim compensation.

Get medical help straight away: your health comes first. Even if your injuries seem minor, see a doctor as soon as possible. Medical records play a key role in proving your injury later on.
Document the scene: take as many photos as possible, including of your injuries, the hazard, and the surrounding area.
Collect witness details and statements: if anyone saw what happened, ask for their contact details and a written statement. Memories fade quickly, and witness evidence can be crucial in council claims.
Report the accident to council: you’ll generally have around 30 days to notify the local council about the incident. However, we suggest reporting the accident as soon as possible, since every state’s rules are different.
Speak to a lawyer: council claims are more complex than standard injury cases. In a free consultation, we can assess whether the council was negligent and explain your potential entitlements — no strings attached. And if you decide to go ahead, you’ll be covered by our No Win No Fee guarantee.

Do time limits apply to local council compensation claims?

Time limits apply to all local council compensation claims, with the exact deadline based on which state you’re in:

State/Territory	Notification to Council	Court Limitation Period
NSW	Within 6 months, though extensions may be possible.	3 years from when you knew or should’ve known you had a claim
VIC	As soon as possible. There is no formal notice period, but delay may affect success.	3 years from when you became aware of the injury or loss
QLD	Within 9 months (or 1 month of consulting a lawyer).	3 years from the date of injury
SA	Within a 'reasonable time'. There is no formal notice period, but delay may affect success.	3 years from date of injury or when you became aware of it
WA	As soon as possible. There is no formal notice period, but delay may affect success.	3 years from the date of injury
TAS	As soon as possible. There is no formal notice period, but delay may affect success.	3 years from when you knew or should have known you had a claim
ACT	Within 9 months (or 1 month of consulting a lawyer).	3 years from the date of injury
NT	As soon as possible. There is no formal notice period, but delay may affect success.	3 years from the date of injury

Keep in mind, minors and people living with disability generally have longer to make a claim.

If you’re already outside the time limit, you still have options — just speak to a specialist lawyer immediately. While time limits for council claims are strictly applied, we may be able to petition the court for a time limit extension. Over the years, we’ve helped hundreds of injured clients secure compensation outside the time limit.

How can a lawyer help with my council negligence claim?

Since compensation claims against councils are so complex, we strongly suggest working with an expert lawyer. We understand the complex laws around councils and liability, and can put together a compelling claim that clearly links your injuries to the council’s negligence.

When you work with our specialist lawyers, you can expect:

Free claim assessment: our lawyers provide free consultations for every council negligence claim. We’ll explain whether you qualify, how much you can expect, and any issues your claim may face.
Strong expert evidence: we work with a national network of medical and liability experts to show the extent of your injuries and link them to the council’s actions (or failure to act). If you’re unable to do your job, we also bring in vocational experts to prove the impact on your current and future work capacity.
Negotiations handled: we handle all negotiations on your behalf, saving you time and stress. If the council refuses to come to the table or their offer is too low, we’ll push back to secure the full compensation you deserve.
Defences countered: councils rigorously defend compensation claims, but your lawyer has the experience and skill to fight back. We’ll use targeted evidence to counter each of the council’s defences individually, so you keep more (if not all) of your compensation.
Claim requirements met: each council has a slightly different claims process, so your lawyer will ensure every requirement is met and your claim is not denied on a bureaucratic technicality.
Every cent of extra compensation: beyond your council negligence claim, we also look into any extra compensation you’re entitled to, including Total and Permanent Disability (TPD). This ensures you get the maximum possible payout for your injury.

Frequently asked questions

Local councils have more limited responsibility for injuries than other property owners or occupiers due to several factors, including:

Resource limitations: councils must manage vast areas with limited staff and budgets, so they can’t be expected to inspect or repair every hazard immediately.
Public interest considerations: councils must balance safety with public access and usability of spaces, which can involve trade-offs.
Legal protections under legislation: laws such as the Civil Liability Act 2002 (NSW) provide specific immunities for public authorities in certain circumstances.
Requirement to prove ‘actual knowledge’: in some states, you must show that the council knew about the specific hazard and failed to take action within a reasonable time.
Higher threshold for negligence: courts often apply a stricter test when assessing whether a council has acted unreasonably or failed in its duty of care.

Injured while playing sport or doing a recreational activity? You may be entitled to compensation. Your exact rights depend on how and where the injury happened.

If the injury occurred in a council park or on a public sports field due to a hazard (like a broken surface or faulty lighting), you could have a claim against the local council. But if it happened on private property — such as a gym, trampoline park, or indoor sports centre — you may have a standard public liability claim instead.

While these activities naturally involve risk, you might still have a case if your injury was caused by things like faulty equipment, poor supervision, or someone else’s negligence. Even if you signed a waiver, it might still be possible to claim if your injury was casued by negligence.

Before starting your claim, make sure to speak with a lawyer who knows sport and recreation injury claims inside out. We’ll take you through your options and provide clear advice on where you stand — free of charge.

If you were injured, harassed or attacked by a dog, you generally can’t make a council negligence claim — even if it happened on council land. This is because councils can’t reasonably be expected to anticipate and prevent dog attacks. However, that doesn’t mean you’re out of options — you may have a dog bite claim instead.

A successful claim provides compensation to cover:

Lost income (both past and future
Clothing or other items damaged in the attack.
Pain and suffering (the negative impact of the injury on your life)
Other costs related to your injury, like medical bills or modifications to your home and vehicle.
Care and support, whether provided by a professional or family and friends.

If you’ve been injured or harassed by a dog, get in touch today. In a free consultation, our lawyers will explain your rights and what you’re entitled to claim.

You might be entitled to compensation if you were injured while riding your bike — but the type of claim depends on where the accident happened:

If it occurred in a council park or on a footpath, you may have a council negligence claim.
If it happened on the road, it’s more likely to fall under a motor accident claim.

Depending on the severity of your injuries, you could be entitled to compensation for:

Lost income.
Medical bills and ongoing treatment.
Loss of future earning capacity.
Pain and suffering.
Reduced life expectancy.

If you’ve been injured while cycling, our specialist motor accident lawyers can give you free, expert advice on your rights. Get in touch today for a quick, no-obligation consultation.

If the council has accepted your claim and made a settlement offer, it’s always a good idea to have a lawyer review it — especially if you lodged the claim on your own. In our experience, councils and insurers often make low offers to people without legal representation. In many cases, they’ll try to get you to settle for less than your claim is worth.

That’s why we offer free second opinions on all council negligence claims. It won’t cost you a cent to find out if you’re being short-changed. And if we believe your claim is worth more, we’ll help you push back and negotiate for the compensation you deserve.

If a local council denies your claim, it’s not the end of the road — you still have many options. In fact, councils often deny liability at first (especially if you’re unrepresented), but that doesn’t mean you can’t get compensation.

Follow these five steps if your claim has been denied:

Get legal advice: if you made your initial claim on your own, make sure to get legal advice immediately. Our lawyers can review your claim, the council’s reasons for rejection, and let you know if the decision can be challenged. If you made your initial claim with Monaco, we’ll immediately get started on the next steps for your appeal.
Request written reasons from the council: if the rejection wasn’t properly explained, we’ll ask for a detailed written response outlining why your claim was refused. This can helps us understand what’s missing or disputed.
Gather more evidence: claims often get rejected because of insufficient evidence, a failure to report the accident qucikly, or a dispute over liability. To push back against this, we’ll gather additional evidence including CCTV, maintenance records from the council, medical reports and ongoing treatment notes and expert assessments from engineers or safety inspectors.
(Re)open mediation: if your made your initial claim alone, your lawyer will start negotiations with the council through a process called ‘mediation’. If you’ve already gone through mediation and had your claim denied, your lawyer will reopen discussions to negotiate a settlement. Often, councils are more willing to engage once they know a lawyer is involved.
Start legal proceedings: if the council still refuses to accept liability or the offer is unfair, your lawyer won’t take no for an answer. We’ll file a formal lawsuit in court and fight to secure the compensation your injuries deserve.