Council negligence claim

[Jonathon]

Hi,
I live (rental) on acerage in Sydney, recently the Council have used a large excavator to clear a track through the bush on the property. There are no signs, fences or barriers installed by council.

My partner and I spotted some young kids on the propery running along this new track council created. We jumped in the 4x4 ute to go and see what they were doing. As we drove along the track we were unaware of a 2 meter rock drop off. The car went over and sustained damage but more importantly my partner and I were thrown forward and hit the windscreen, dash and I hit the steering wheel.

Ever since I have had terrible headaches and a sore neck. My partner was also injured.

Do I have any grounds for a claim against the council?

Thanks.

 

[Tim W]

Speak to a lawyer who works in the personal injury space.

 

[larrylarry]

Hi,
I live (rental) on acerage in Sydney, recently the Council have used a large excavator to clear a track through the bush on the property. There are no signs, fences or barriers installed by council.

My partner and I spotted some young kids on the propery running along this new track council created. We jumped in the 4x4 ute to go and see what they were doing. As we drove along the track we were unaware of a 2 meter rock drop off. The car went over and sustained damage but more importantly my partner and I were thrown forward and hit the windscreen, dash and I hit the steering wheel.

Ever since I have had terrible headaches and a sore neck. My partner was also injured.

Do I have any grounds for a claim against the council?

Thanks.

Who ordered the work, the Council? If so, did the Council contract the excavation work to contractor? If so, you need to find who the contractor is.
No warning signs, not fenced or barrier installed. Any notices sent out to the community about this work? Prima facie, you have something there but find out who did the work.
How are the injuries? Did you have a brain scan (CT at least) and what injuries did your wife sustain?
You may have a right to compensation under Motor Accidents Compensation Act and/or common law. Speak to a lawyer ASAP as there is limitation period.
When was the accident?