One moment you’re heading home or to work. The next, you’re in pain, confused, and unsure who’s responsible. Was it just bad luck, or should someone have done something about that dangerously cracked paving? If this sounds familiar, you’re not alone.
Trip and fall injuries on public footpaths are more common than most people realise, and many are preventable. What’s less well-known is that you may be entitled to compensation. Carbone Lawyers have helped many Victorians who’ve been injured due to poorly maintained public infrastructure. We’re here to help you understand when a cracked footpath may lead to a viable public liability claim, and what to do next.
Cracked Footpaths Are More Dangerous Than You Think
Uneven concrete, loose pavers, sunken paths, these hazards don’t look serious until it’s too late. A sudden fall can result in sprained ankles, broken wrists, hip fractures or spinal injuries. For older people, the consequences can be even more severe, with extended recovery times or permanent disability.
And it’s not just physical damage. There are medical bills, time off work, and the stress that comes with navigating everyday tasks when injured. Public footpaths should be safe. When they’re not, and someone gets hurt, it may be a case of negligence.
Who Is Responsible for Keeping Footpaths Safe
In Victoria, local councils are usually responsible for the upkeep of public footpaths and roads. This includes conducting regular inspections and promptly repairing damaged or dangerous surfaces. However, if the hazard is on or adjacent to private land, such as outside a business or a shared driveway, the property owner or occupier may be liable.
Determining liability depends on where the incident occurred and who had control over the area. If you’re unsure who’s responsible, Carbone Lawyers can investigate on your behalf.
What Negligence Looks Like in Footpath Injury Cases
Negligence occurs when someone fails to take reasonable steps to prevent harm. In the context of footpath injuries, it’s not just that a crack existed, it’s whether the council or owner had a duty to fix it and failed to do so in a timely or responsible way.
Examples of potential council negligence include:
- Ignoring reports of damaged paths from residents
- Failing to identify hazards during scheduled inspections
- Leaving cracked or sunken areas unmarked or without temporary barriers
- Delaying repairs to visibly dangerous surfaces
If a hazard was known or should have been known, and no action was taken, the responsible party may be liable for your injury.
Evidence Can Make or Break Your Claim
To support a successful public liability claim, evidence is essential. The more detail you can provide, the stronger your case will be. Key steps include:
- Take clear photographs of the hazard and surrounding area
- Note the exact location: include street names, addresses or nearby landmarks
- Collect contact details from witnesses
- Visit your GP or hospital and explain exactly how the injury occurred
- Keep records of medical treatment, appointments and time off work
If gathering this information is overwhelming or not possible due to your injury, Carbone Lawyers can assist. We can help clients obtain evidence to support their claim.
Time Limits Apply so Don’t Wait
In most cases, you have three years from the date of injury to lodge a public liability claim in Victoria (Limitation of Actions Act 1958). However, preparing a claim takes time, and delays can jeopardise your chances of success. It’s best to seek legal advice as soon as possible.
Some exceptions exist, such as delayed symptom onset or legal incapacity at the time of injury. Carbone Lawyers can advise if these apply to your situation.
Not Sure About Making a Claim? You’re Not Alone
It’s normal to hesitate. Many people feel uneasy about claiming against a council or local business, or worry about legal fees. But most of these concerns are based on misunderstanding. Here’s what you need to know:
- Public liability claims are usually paid out by insurance companies, not individuals
- Our No Win, No Fee policy means you don’t pay legal fees unless we win
- You can remain confidential until a claim is commenced, and we manage communications on your behalf
Most importantly, claiming compensation isn’t just about money. It’s also about preventing others from being injured in the same way.
Carbone Lawyers Is Here to Help
If you’ve suffered an injury from tripping on a cracked or uneven footpath, don’t let confusion or hesitation stop you from getting the help you need. Carbone Lawyers has decades of experience handling public liability cases, including cases against local councils and businesses. We understand the process and know how to fight for what’s fair.From your first call to final resolution, we’ll handle your claim with care and commitment, so you can focus on getting better. Don’t settle for less. Get Carbone on the phone and call 1800 369 888 today.
