How to Make a Compensation Claim Against the Local Council

Local councils in Victoria are responsible for meeting the needs of the community. For the most part they do the job well, providing a variety of services and facilities. However, negligence on the part of a council can result in serious injuries. These incidents may give rise to compensation claims against local councils.

Injuries and accidents on council land, public buildings, and other areas generally fall under public liability law. These are complex legal matters requiring the assistance of a knowledgeable lawyer.

Henry Carus + Associates have a lengthy history of holding councils accountable for injuries sustained by people in public spaces. This includes successfully resolving compensation claims against local councils, including numerous instances where our clients were injured on either unsafe footpaths or sunken/damaged pit lids.

Below, we describe the steps involved in lodging a claim against the local council. If you are in need of immediate assistance, you can call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. We serve clients in Melbourne and throughout regional Victoria.

Can I Claim Compensation from My Local Council?

You may be able to lodge a claim against your local council if you:

(a) Suffer an injury on premises owned and/or operated by the council;
AND
(b) Can establish that the injury was caused by the council’s negligence.

The public spaces and areas that local councils are responsible for include:

• Public roads, footpaths, trails, cycling routes, pedestrian crossings, etc.
• Open spaces, parks, gardens, playgrounds, sports grounds and fields, swimming pools, etc.
• Libraries, museums, recreation centres, community hubs, and other public facilities
• Public bodies of water

Just like private property owners, local councils may be held liable for failing to address known hazards. These include common slipping and tripping hazards such as potholes, broken pavements, inadequate lighting, liquid spills, loose gravel, etc.

Other potential grounds for a public liability claim include incidents arising from the council’s failure to uphold certain functions.

This may include dog attacks due to negligent animal control, drownings from improper management of storm drains and waterways, injuries from falling tree branches, and more.

If you suffered injury on council land or a public space, you may be entitled to compensation. A qualified public liability lawyer can review your legal options, including a claim against the local council.

How to Make a Claim Against Your Local Council

Local councils have procedures for resolving personal injury claims. Unfortunately, not everyone will receive the compensation they deserve. You need to take action quickly to preserve evidence and protect your rights.

Crucial steps in compensation claims against local councils include:

1. Document the Incident

Make note of where the incident occurred. This may include the exact address, a street or intersection, or the approximate location (e.g., ‘the northwest corner of the park’). You should also note the date and time the incident occurred.

Now is the ideal time to gather evidence, such as photographs of your injuries and photographs of any obvious hazards at the scene (for example: a raised area on the footpath that you may have tripped on). You should also speak with any nearby witnesses and get their contact information.

2. Get Medical Attention ASAP

Some injuries can be treated by your G.P. or an urgent care clinic, while others may require emergency medical intervention. Whether you call 000 or are able to get to a doctor’s on your own, make sure you get treatment for your injuries straight away. Your health and well-being are important, and complete medical records are essential for your claim.

After receiving any treatment following any accident, it is important to keep copies of any invoices or receipts that you have incurred as a result of your injuries. Store these documents in a safe place. You will then be able to pass these on to your lawyer to ensure that all of your medical and treatment-related expenses are included within your claim.

3. Report the Incident to the Local Council

Check the local council’s website for how to report the incident. Most councils require injuries to be reported within 30 days.

If you don’t report the incident in a timely fashion, the council may dispute your claim that there was a hazard or the area was unsafe. Reporting the incident may also result in repairs to the footpath or other space, which could prevent other people from getting hurt.

You can search and find your local council details here.

4. Gather Additional Evidence

Surveillance cameras may have captured the condition of the premises prior to the incident, as well as when you got hurt. Any available footage should be collected as soon as possible.

It is also important to preserve your medical records, as well as any bills, receipts, and invoices. Communications with your employer can help to establish your inability to work and the effect on your income.

5. Speak to a Public Liability Lawyer

A public liability lawyer can help collect evidence, determine if the council was negligent, and calculate your damages. The lawyer you speak to should be well-versed in compensation claims against local councils, including the legal procedures, common defences, etc.

Contact Henry Carus + Associates Today

6. Lodge a Claim with the Local Council

Many councils have webpages where people can make a claim for compensation for incidents arising from the council’s negligence (for example, here is the City of Melbourne’s ‘request for consideration of claim’). Follow the instructions for lodging a claim closely, including any forms you have to fill out and supporting materials you have to provide.

We recommend leaving the request for compensation to an experienced No Win, No Fee lawyer. Any mistakes in lodging the claim can make it difficult to recover the compensation you deserve.

7. Wait for a Response

The council will investigate the incident to determine whether you are entitled to compensation for your injuries. Investigations may take several weeks to several months (the City of Melbourne says that most claims are investigated within 12 weeks, for example).

Once the investigation is complete, the council will notify you whether they accept liability for the incident. If the council accepts liability, you may receive a settlement offer. Before agreeing to a settlement, you should consult a lawyer to determine whether the offer is fair.

8. Next Steps

What happens next depends on the unique circumstances of your claim. If the council offers you a settlement that fairly compensates you for your losses, accepting the settlement will bring an end to the matter. However, if the council denies liability or refuses to offer the compensation you are due, it may be necessary to initiate court proceedings.

There is no guarantee of success if you try to seek additional compensation. A public liability lawyer can discuss the best course of action, fight for you in settlement negotiations, and represent you in court if necessary.

Proving Negligence on the Part of a Local Council

To make a compensation claim against a local council, you must prove that the council was negligent and that this negligence caused your injury or damage. When bringing a compensation claim against the local council, there are four key elements you need to prove:

1. The council owed you a duty of care. This is relatively easy to prove, as local councils are responsible for the safety and well-being of residents and visitors. However, disputes may arise concerning the level of risk you assume when accessing a public space or council land.
2. The council breached this duty through negligence. Examples of negligence may include failing to clean up or remove a hazard, delayed repairs of dangerous conditions, and/or failure to warn of potential hazards.
3. You were injured as a result of the council’s negligence. The evidence must show that the council’s actions (or failure to act) caused your injuries.
4. You sustained damages. Finally, you must show that the incident resulted in compensable losses, such as current and future medical expenses, home modifications, assistive equipment and economic loss (by way of being unable to work and suffering a loss of one’s earnings).

Learn more about how public liability claims work.

What Defences Can the Council Raise?

Negligence is a complicated concept in claims against local councils. Councils do not have the money or resources to realistically address all potential hazards or safety issues that may lead to injury. The council may employ several different defences to this effect, including:

• Lack of prior knowledge of the hazard
• Council had previously inspected the accident location and found no evidence of any potential hazards
• The hazard was not considered large enough and/or dangerous enough to require Council to intervene by way of repairs / rectification works
• Budget shortfalls and limitations
• Inadequate staff
• Remediating the hazard fell outside the procedures established by the council
• The injured person contributed to their own accident by way of their own negligence in failing to keep a proper look out of their own safety

Retaining qualified legal counsel is key for overcoming these defences, as well as pushing back against arguments that the hazard was obvious or that you contributed to the incident through your own carelessness. Investigation of the council’s records can help to show that the council knew about the hazard and/or should have foreseen it, which would likely be considered negligence.

It is rare that local councils will admit fault and/or liability. Having a knowledgeable lawyer there to guide you through the process can significantly improve your claim’s prospect of success.

What Can I Claim Compensation for After a Council Injury?

You may be entitled to substantial compensation if you suffer a significant injury on council property. This may include damages such as:

• Current and future medical expenses
• Lost earnings
• Rehabilitation and therapy costs
• The cost of household care and services
• Diminished earning capacity
• Pain and suffering

All damages in compensation claims against local councils must be supported by strong evidence. Your lawyer can collect all necessary evidence for establishing the severity of your injuries, the losses you have sustained to date, and damages you may face in the future.

Your lawyer will arrange for you to see independent medical specialists tasked with assessing the severity of your injuries for the purposes of your legal claim. These reports can be very costly; however, your lawyer can arrange for these reports to be funded through your legal claim with the law firm. In our experience, these reports greatly assist in establishing the substantial compensation an injured person may be entitled to.

Get Help with Your Claim

Henry Carus + Associates have successfully represented numerous clients who suffered injury on council property. Some of our most recent success stories include:

• Katrina, who suffered severe hand, wrist, and shoulder injuries after she tripped and fell on a footpath. Ultimately, we reached a favourable settlement with the defendants (which included the local council) several weeks before trial.
• Angelina, who badly injured her ankle in a footpath trip and fall accident. We proved that the local council knew about the condition of the footpath and obtained significant compensation on Angelina’s behalf.
• Maree, who was seriously injured when a massive tree branch fell on her. We proved that the local council failed to warn Maree of the danger posed by the tree.

You need a law firm with the experience, dedication, and resources to ensure that the council compensates you fully. You Deserve More, and the results above show how Henry Carus + Associates live up that message.

Compensation claims against local councils can be challenging, which is why experienced, skilful, and knowledgeable legal representation is a must. Call 03 9001 1318 today for a FREE, no-obligation consultation with Henry Carus + Associates. We serve clients injured on footpaths, roads, parks, bike paths, sporting fields, and other council properties in Greater Melbourne and all of Victoria.