VIC Personal Injury - Motorbike Accident?

[C_Zan]

I fell off my motorbike (dirt bike) that was rec registered, on council property, in a motorbike accident and shattered my wrist. 14 weeks off work unpaid, no Centrelink, no nothing. There was a huge surgery bill I had to pay my personal injury. I still can't flex my wrist far enough back to even do a proper push up. This was all in 2011 though.
Thoughts on what action I should take, if any?

 

[ShireenHazlett]

Hi, you need to establish negligence in order to bring a claim. What was the cause of the accident?

Also, you generally need to bring an action within three years of the date of the accident, unless there are exceptional circumstances. Is there a reason you have delayed thinking about bringing a claim until now?

 

[C_Zan]

Yeah just when I did it I thought I would get in trouble for riding over the mound of dirt I did but now I'm older I've realized I did nothing wrong. Just went too fast. Was just in the bush and hit a mound which sent me over the front

 

[Sophea]

Hi C_Zan,

As Shireen said above, that Council is not liable to compensate you for for injuries merely because you were injured on their property. In order to establish occupier's liability, you need to prove that they did something that was negligent that caused your injury. What are you alleging that they did wrong?

From what you have stated it appears you were riding recreationally on your dirt bike and went over a mound of dirt too fast and came off, which indicates that it was your negligence that led to your injury. There is also a defence of "dangerous recreational activities" - whereby a defendant can claim that by engaging in an activity such as dirt biking you assumed any risks that it carried and therefore the occupier has no liability. Unless you can point to some gross negligence of the council that contributed to your injury, I very much doubt you would have any grounds to claim compensation.