Can you make a council footpath injury claim for a trip in Queensland? (2026)
A council footpath injury claim is possible in Queensland, but councils have special legal protections. Under Civil Liability Act s 37, a road authority is not liable for failing to repair or inspect a road unless it had actual knowledge of the particular risk that caused the harm. The claim also follows the PIPA notice steps and time limits.
Key takeaways
Can you sue the council for a trip on a footpath?
Yes, you can bring a council footpath injury claim, but the law gives councils protections that private property owners don’t have. A local government is a “public or other authority” under Civil Liability Act 2003 s 34. As a result, the special rules in ss 35 to 37 apply when deciding whether it is liable.
The pre-court steps are the same as for other injury claims. They come from the Personal Injuries Proceedings Act 2002 (PIPA). Our public liability claims guide explains them in full. This page looks at what is different when the other party is a council.
Section 37, the key rule in a council footpath injury claim
The most important rule for a council footpath injury claim is CLA s 37. Section 37(1) says a public or other authority is not liable “for any failure by the authority in relation to any function it has as a road authority”:
The actual knowledge exception in a council footpath injury claim
There is one exception. Under s 37(2), the protection doesn’t apply in one case. That is where, at the time of the failure, the authority “had actual knowledge of the particular risk the materialisation of which resulted in the harm”.
Lawyers often call a failure to act “non-feasance”, as opposed to doing something badly. Section 37 is aimed at failures to repair or inspect. In practice, this means the question is often what the council actually knew about the specific defect before your fall. For example, records of earlier complaints about that exact spot may be relevant. Whether any evidence is enough is a question for a court.
Is a footpath a “road” under section 37?
Section 37 uses the definition of “road” in schedule 4 of the Transport Operations (Road Use Management) Act 1995. That definition includes an area open to or used by the public and developed for driving or riding motor vehicles. It also includes an area “dedicated to public use as a road”.
The Act doesn’t mention footpaths by name in that definition. So whether a particular footpath, verge or walkway falls within it is a legal question. The answer can depend on where the path is and how the land is set aside. A lawyer can tell you whether s 37 is likely to apply to the place where you fell.
Other rules for claims against councils
Two more sections can affect a claim against a council. First, CLA s 35 says a council’s functions are limited by the financial and other resources reasonably available to it. Its general allocation of resources is not open to challenge. The council can also rely on evidence that it followed its general procedures and applicable standards.
Second, s 36 applies to claims based on a council’s wrongful exercise of, or failure to exercise, a function. Under that section, the act or omission must be very unreasonable. In fact, no authority with the same functions could properly consider it a reasonable exercise of them. The ordinary negligence tests in s 9 and the causation rules in s 11 also still apply.
Giving notice of a council footpath injury claim
Under PIPA s 9(1), you must give written notice of the claim, in the approved form, to the person you propose to sue. For a council footpath injury claim, that is usually the local government you believe is responsible for the path. Part 1 is due by the earlier of two dates (s 9(3)). One is 9 months after the incident or first symptoms. The other is 1 month after you first instruct a law practice, once the respondent is identified.
Sometimes it is unclear who controls a path. For example, it may run beside a State-controlled road or through private land. Under s 10, a person who receives Part 1 and believes they are not the proper respondent must give you reasons and any information that may help identify the right one. The State is different. If a State department or entity is responsible, Part 1 must go to the Crown solicitor and name that department or entity (s 9(8)).
Council footpath injury claim deadlines
The steps below apply in most council claims. The 1-month rule can make the first deadline much earlier than 9 months.
|
Step |
Time limit |
Law |
|---|---|---|
|
Part 1 of the Notice of Claim to the council |
The earlier of 9 months after the incident (or first symptoms) and 1 month after you first instruct a law practice, once the respondent is identified |
PIPA s 9(3) |
|
Council’s preliminary response |
Within the period set by regulation or, if none is set, 1 month after receiving Part 1 |
PIPA s 10(1) |
|
Part 2 of the Notice of Claim |
Within 2 months after the council complies with s 10(1), or after s 13 presumes compliance |
PIPA s 9(3A) |
|
Council’s response on liability |
Within the period set by regulation or, if none is set, 6 months after a complying Part 1 notice |
PIPA s 20(1) |
|
Compulsory conference |
Must be held before court proceedings start |
PIPA s 36 |
|
Starting court proceedings |
Generally 3 years from the date of the incident |
LAA s 11 |
If your council footpath injury claim notice is late
If Part 1 is late, the obligation to give it continues, and you must give a reasonable excuse for the delay (PIPA s 9(5)). Talking to a community legal service doesn’t start the 1-month clock (s 9(9A)). The 3-year court limit in LAA s 11 is separate, and the PIPA steps take time to complete.
Evidence for a council footpath injury claim
You can usually report a hazard to your council, so check its website for how. A report after your fall won’t show what the council knew beforehand. Even so, it may help prevent another injury, and it can give you a reference number.
Because s 37 turns on actual knowledge, the facts about the defect matter. These records can help:
Costs and getting advice
Claims against councils can involve technical arguments about s 37 and the meaning of “road”. As a result, many people get legal advice early. Our guide to lawyer fees explains costs disclosure and the 50/50 rule. You can also see how we compare firms on our compare page and methodology. If you fell inside a shopping centre instead, see our guide to a slip and fall claim.
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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