Q: What happens if I trip and fall on a public road or footpath?
A: Potholes in roads and raised pavers or cracked concrete on footpaths are an all-too-common tripping hazard. Falls can cause debilitating and permanent injury, require extensive medical treatment and prevent people from participating in their normal daily activities.
Generally speaking, a person or entity in occupation of a premises is required to take reasonable steps to ensure the premises is safe, and does not contain hazards that may injure people attending the premises. This obligation is called a “duty of care”.
In the event a person is injured because of the hazardous state or condition of a premises, they can bring a claim for compensation against the occupier of the premises, on the basis they have breached their duty of care and the breach has resulted in injury.
The above principle does not necessarily apply to injuries arising from the hazardous state or condition of public roads and footpaths. Under the Civil Liability Act, 1936 (SA) “road authorities” are granted an immunity from claims for compensation where the cause of the injury was a failure to maintain, repair or renew a public road and/or footpath.
Section 42 of the Civil Liability Act, 1936 (SA) states:-
“A road authority is not liability in tort for a failure –
(a) To maintain, repair or renew a road; or
(b) To take other action to avoid or reduce the risk of harm that results from a failure to maintain, repair or renew a road.”
A “road authority” is defined as the “…body or person in which the ownership of a road is vested by statute, or which the care, control or management of a road is assigned by statute…” and would normally include the relevant Council and/or State Government Department.
The term “road” is defined broadly as: “… a street, road or thoroughfare to which public access is available to vehicles or pedestrians (or both), and includes –
(a) A bridge, viaduct, busway (including the O-Bahn) or subway;
(b) An alleyway, laneway or walkway;
(c) A car park;
(d) A footpath;
(e) A structure associated with a road;”
In effect, the above provisions mean the “duty of care” owed by a Council and/or State Government Department does not include a duty to take reasonable steps to maintain, repair or renew public roads and/or footpaths to minimise or eliminate safety hazards.
Contact DBH Lawyers for expert guidance on your legal options and potential claims following a trip and fall injury.
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