While walking back to our house, my elderly mother tripped over the uneven footpath and fell heavily, injuring her knee, and bruising her face. The injuries were severe enough to require a visit to ER. I wrote to the Council and after a phone conversation, they sent a claim form. She is a visitor coming over for Christmas and because of the injuries sustained on her knee, she cannot visit places that we had planned to take her. How much can we and should we claim from the Council
Council Compensation for Uneven Footpath
Comments
You should get real legal advice.
That's what the ^ 4 million is for, legals…
Without knowing the full story its hard to guess what will happen. Also I am not a lawyer, but… If the footpath is uneven because of the earth shifting under it by natural means it is unlikely you would be entitled to any compensation. The council would have to be shown to be negligent in order for you to get compensation. This means either they constructed the footpath in a way that could be reasonably foreseen to be dangerous, or they were previously made aware of the dangerous condition of that section of path and had not fixed it.
Not sure but they asked us to file for compensation that will be then forwarded to their insurance company. So I still need to put down an amount
How much can we and should we claim from the Council?
Standard claim for this type of injury is $19m. Note I am not a lawyer.
The ambulance chasing legal firms will probably give you free advice for these cases, if you are after the big bucks. A woman recently got $90k for slipping on a grape. Somebody pays in the end and it's the people who don't fall or take advantage of the situation. I think you should claim actual medical costs. I wouldn't do the pain and suffering and mental anguish act, but some would. Disruption to holiday plans and loss of enjoyment…I think they are a reality we have to accept.
She had originally claimed more than $1 million in damages for economic loss and out-of-pocket expenses….
Coles shopper awarded $90,000 after slipping on a grape
Claim what you want, you can't always get what you want.
We just want to cover our out of pocket expenses as a result of the injury and don't want to take it to Court or anything
So add up/work out your out-of-pocket expenses and claim that amount??
I don't care really.
we do. many of us are rate payers. every claim that the council settles are funds they don't spend on services and infrastructure for their residents.
So everybody that claims pain and suffering is making it up and if your injury started with something insignificant like a grape your injuries are even less real.
Her original claim for $20,285 for out-of-pocket expenses was revised down drastically due to a lack of documentary evidence,
with the court awarding just $1350.45 for this category of damages.who low can one get? she tried to scam $20k for bills when she could only provide evidence for less then $1.4k.
I think questions should be asked about any incident between a person at walking speed and an inanimate object, yeah. I take personal responsibility for daily battles with coordination and gravity. As a guy who doesn't wear high heels, grapes aren't a big danger and probably were the fault of a customer, not the shop. I don't want my bargains made more expensive by shoppers who were distracted in conversation, maybe on the phone and wearing dangerous clothing. Why should people who won't benefit support a victim culture.
Why don't you claim the amount that you have incurred as a result of the trip? ie. Medical costs, lost earnings etc. Or do you want a figure to teach the council a lesson?
Yeah just expenses as a result of the trip. Thanks
She is a visitor coming over for Christmas
from overseas?
Yes
Yes
then why not file a claim with the travel insurer. she does have travel insurance right?
Hopefully with all the money they give you they will have some remaining to fix the road
Save all the receipts related to medical expenses as a direct result of the fall, I'm on the fence as to whether it's fair to claim pain and suffering depending on the extent of the injuries (which is private information that you're not obliged to share).
If all we're talking about here is some bruising and scratches, then I don't believe it's fair to claim pain and suffering, old people fall over fairly regularly as they get older and we can't always expect someone to hand us money every time it happens.
Better call Saul…
I remember reading about someone who made a claim for slipping on a grape at coles. I personally find these claims ridiculous.
All i'll say is, I find uneven footpaths and roads everywhere. It's impossible to stop tree roots for growing in such a fashion that it doesn't distort paved footpaths/roads.
So if everyone who is careful(and careless) falls due to the road (which I have been one recently) lays claim, I'm not sure if we'd even have viable councils, let alone any footpaths in the future.
True.
Telstra removed the doors from their payphones many years ago due to the number of claims by people getting fingers caught etc.
Its a race to the bottom and councils will rip out the footpaths, play equipment, libraries, boat ramps, public toilets etc if we go the litigation route too often.Those 80s egg shaped fibreglass spinners and rockers were the best :p
Tree fiddy plus pork roll
This used to be a well known scam in the UK.
Whilst I empathise with you and wish your mother a speedy recovery , I think it is ripping off the public purse and increasing premiums for Council (and ratepayers).
Having worked for Council and the NSW Government in project management I have seen too well how the threat of spurious claims made on the public purse , destroy many a worthy a project before they can get off the table, ultimately reducing government service. For example , recently (6 weeks ago) I enquired why my department had closed a heritage bush trail that had recently come under my portfolio. I was advised that with risk management and fear of falling branches it was safer to close the track!!! Very disappointing as it has been a public space for 50+ years.
I suggest she use her travel insurance and be thankfull that ER in Australia is essentially free (at the moment).
I would also kindly urge you to reconsider your decision to burden the public purse with the shortcomings of an unfortunate incident.
I also recommend you move on enjoy your mothers visit . Happy Holidays!Impossible! Someone needs to pay for this. They need to pay for this wall I don't care…
Wait what?
Gotta love our litigious society
You should read up on feasants and local authorities. Council's are not liable for hazards that they are not made aware of. If you ask for a small amount they will probably pay go away money. Ask a lot and they will fight it to the end.
Yummy, roast feasant
Haven't had it for a while, I misfeasance…
I'll hook you up with my friend Mal, he runs a feasant farm called Mal's Feasants
seriously? unless there it some sort of super obvious malpractice going on here, i'm talking a massive hole in the footpath deliberately left there and ignored by the council with no safety features in place, you can't really expect the tax payers (thats who will be paying the jacked excess once insurance pays this out you realise) to foot the bill because she tripped an a bit of uneven ground
You claim for the out of pocket medical expenses only.
Can't claim for not being able to go to the zoo or the movies etc.
you should claim at least 4 million dollars