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Fencing around public bodies of water is essential for preventing accidental drownings and other injuries. Sadly, local councils don’t always take the necessary precautions to prevent people—especially children—from accessing public bodies of water.
Earlier this year, a 4-year-old boy tragically drowned when he slipped away from his parents while they were visiting family in Officer. The boy wandered off and wound up in a nearby lagoon. Emergency services pronounced the boy dead at the scene.
The drowned boy’s family is now calling on the Cardinia Shire Council to establish better fencing around the lagoon so no other family has to experience the same tragedy. Reports indicate that the current thin wire fencing had numerous openings through which a child could enter.
At Henry Carus + Associates, we have experience holding local councils and other government agencies accountable for negligence. Claims may be brought under public liability law—a complex legal area where knowledgeable representation is key.
For a FREE, no-obligation consultation, call 03 9001 1318 today. Public liability lawyers at Henry Carus + Associates serve clients in Melbourne and other areas of Victoria.
Are Local Councils Responsible for Bodies of Water?
Local councils have a general responsibility to make the communities under their purview safe for residents and visitors. Broadly, this includes taking reasonable steps to minimise the safety hazards posed by publicly accessible bodies of water.
Precautions a council might take to prevent accidental injury or death in a lake, river, pond, or other body of water include:
- Installing appropriate fences and other barriers to limit access
- Posting signs warning of potential hazards, as well as public information boards with emergency contacts and safety instructions
- Employing lifeguards to supervise areas where swimming and water activities are permitted
- Assigning regular patrols to the area
- Maintaining public walkways, fencing, barriers, etc.
Unfortunately, councils in Victoria are facing significant budgetary challenges. This can make it difficult to allocate money for important projects—even something as critical as public safety.
Risks of Unfenced Bodies of Water
The awful case of the little boy in Officer shows that drowning is a major concern when there is inadequate fencing around public bodies of water. Last year, more than 280 people drowned in Australian waterways.
But drowning isn’t the only concern. Other accidents that may occur when public waters aren’t properly fenced or otherwise secured include:
- Slip and fall accidents may occur due to wet or uneven surfaces around the body of water.
- Hypoxia, or lack of oxygen to the brain, is common in near-drowning incidents.
- Falls from heights such as drop-offs, docks, etc. can lead to serious injuries.
- Lacerations from rocks and debris can be serious and may lead to infection.
- Entrapment or entanglement in vegetation or submerged objects can lead to drowning and other injuries.
- Boating accidents, specifically collisions with swimmers, can result in devastating and even fatal injuries for people in the water.
- Waterborne diseases may be contracted from bodies of water containing dangerous pathogens, wastewater contamination, etc.
- Hypothermia may set in following prolonged exposure to water under 20℃.
Seeking medical attention is critical after any of these incidents. If you believe the negligence of a local council or another party may have been a factor, you should also explore your legal rights and options.
Do You Have a Claim?
People who are injured or lose a family member due to the negligence of a local council may pursue a public liability claim. To obtain compensation, you will need to prove that the council (a) is responsible for the space or land where the injury occurred, and (b) failed in its duty to protect the public. You will also need to prove that the council’s negligence caused your injury.
Damages that may be recovered in common law personal injury claims in Victoria include:
- Out-of-pocket medical expenses
- The cost of therapy and rehabilitation
- Home and vehicle modifications, specialised medical equipment, and other out-of-pocket costs
- Lost income
- Future medical expenses
- Loss of earning capacity
- Non-economic damages, such as pain and suffering and loss of amenities
- Compensation for non-economic loss may only be recovered if you meet the threshold for ‘significant injury’ established by Victoria’s personal injury legislation.
Families who lose a loved one may be entitled to compensation for funeral expenses, the cost of burial or cremation, loss of household income and support, and non-economic loss.
Read More: Can I Make a Claim If I Get Injured in a Public Place?
Difficulties in Public Liability Claims Against a Council or Government Entity
Generally, people are expected to exercise greater caution when accessing public spaces. This can make it difficult to hold the local government accountable for injuries sustained on council land. Negligence on the part of the government must be clearly established.
A knowledgeable public liability lawyer will promptly investigate the incident and collect evidence on your behalf. Photographs, eyewitness testimony, and other evidence can help establish that an unsafe condition was present (such as missing, damaged, or insufficient fencing around public bodies of water) and prove that the council failed to uphold their duty to you and the public at large.
Click here for the 6 basic steps to follow immediately after a slip and fall accident.
Injured in a Public Body of Water?
At Henry Carus + Associates, we believe You Deserve More. Every member of our team is committed to identifying all of the legal options available to injured people and pursuing maximum compensation on their behalf.
Fencing around public bodies of water is essential for preventing drownings and a wide range of catastrophic accidents. Our expert personal injury lawyers can examine the circumstances and fight to hold the local council accountable.
Contact Henry Carus + Associates Today.
