# Forum More Stuff Debate & Technical Discussion  Broken footpath - liability

## cabuckley

The public footpath at the entrance to our property has been badly broken and is very uneven due to heavy vehicles entering the building site. Who is liable in the case of someone from the general public (or workmen) tripping and injuring themselves - the builder or the owner of the property  :Cry:

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## shauck

Are you owner builder? As far as I know, you are supposed to have insurance to repair any damage to public property caused by your building works. If it's a builder under contract, I would guess it's their responsibility to fix it. So I would assume that anyone responsible for fixing it, is liable.  
Anyone else know for sure?

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## johnc

Both the owner of the property and the builder would be in the gun if someone injured themselves or others property was damaged as a result of the footpath being damaged by the building works. Ultimately it would be the owner. As for repairing the damage that will depend on what is in your contract with the builder, although it is an owner issue, whether or not you have recourse against the builder for the damage is a different matter again.

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## Cecile

Is this a new build in a developing suburb, a renovation in an existing area?   
When I owner-built a house years ago we had to protect the crossover and footpath with heavy timber planks, and also pay a bond that would be used to repair it if it became damaged.   
I'm not sure of the rules, but it seems that if you have contracted a builder, he is ultimately responsible for safety on the site during the build.  Perhaps give the council a ring and report the damage ASAP.  Experience tells me that if there is an injury risk on a property, the owner is aware of it, and someone becomes injured, that you may be found personally liable for it.

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## cabuckley

We are just the owners; it is a renovation job in a well established area.
We did take out protection notices, paid the bond and had heavy duty wooden ground cover over the entrance to the property. The damage occurred when a heavy truck which was too big to make the turn came off the protection ground cover and broke the concrete footpath along side it.
As it's public property, are we (the owners) *liable* for injuries that may occur from trips/falls from the uneven footpath ..... or is it the builder as he's responsible for the site .... or is it the local council as they own the ground/public space. 
As to who's going to pay for repairing the damage .... is another discussion which would be worth exploring in another thread.
Thanks for valuable feedback from the forum members.

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## Cecile

> We are just the owners; it is a renovation job in a well established area.
> We did take out protection notices, paid the bond and had heavy duty wooden ground cover over the entrance to the property. The damage occurred when a heavy truck which was too big to make the turn came off the protection ground cover and broke the concrete footpath along side it.
> As it's public property, are we (the owners) *liable* for injuries that may occur from trips/falls from the uneven footpath ..... or is it the builder as he's responsible for the site .... or is it the local council as they own the ground/public space. 
> As to who's going to pay for repairing the damage .... is another discussion which would be worth exploring in another thread.
> Thanks for valuable feedback from the forum members.

  I'm not a lawyer but I think you should do a few things, which I would call "CYA" (cover your a*se): Take many photos of the damage, and date them, if you haven't already.Perhaps call the council and notify them.  They may be able to guide you in how to make the surface safe.Ring your insurer.  You should have a public liability clause in your policy.  Be aware though that renovation to your property may negate some portions of your cover. 
The builder is ultimately responsible for the contractors he hires.  Your contract is with the builder, and my assumption is that he is responsible for any and all damage to existing structures, regardless of whether it's on your property, or in common/public areas.  He should also be carrying some serious public liability insurance.   
Liability is sometimes quite difficult to prove.  My comment is that the builder is responsible for making good the damage, and it's up to him to follow this up with the truck driver.  I don't think you should have to pay a cent towards repairs.

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## plum

Don't waste any more time listening to advice from members on this forum who are not qualified to give advice on this issue, you have a potentially dangerous situation happening out the front of YOUR property. Get on to council first thing tomorrow, [ should of done it this morning ]. Who bl@@dy cares who is responsible, get on to it.

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## shauck

> Don't waste any more time listening to advice from members on this forum who are not qualified to give advice on this issue, you have a potentially dangerous situation happening out the front of YOUR property. Get on to council first thing tomorrow, [ should of done it this morning ]. Who bl@@dy cares who is responsible, get on to it.

  There you go.

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## cabuckley

All comments appreciated.

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## Wombat2

I broke both wrists steepping in a pothole in the street - $5000 later (after rebate) and 6 months of legal toing and froing the upshot is the Council is not liable for damage from lack of maintenance unless they were notified of the damage AND THEY FAILED TO RECTIFY it in a reasonable time. 
So notify them ( by registered mail ?) (or read receipted email) then the problem is in their court.

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