Local governments are responsible for constructing and managing millions of kilometres of footpaths and shared paths throughout communities in Western Australia. Paths are a crucial aspect of public amenities as they provide easy and convenient access to community members. However, local governments need to consider their responsibility and exposure in the development and maintenance of these assets.

Our new 'footpaths and shared paths' guide supports members' risk management efforts, providing a practical approach to identifying potential vulnerabilities and demonstrating a systematic approach to managing those risks. 

More consistent risk management across the sector

Members owe a duty of care to users of their path networks. They should make sure that path networks are designed and managed to be safe as can be reasonably expected. Where this duty is not met, users may be harmed and member potentially liable.

The guide supports members is meeting their duty of care to path users.

In last five financial years (2019-present), LGIS has received over 600 claims relating to footpaths costing in excess of $ 1.2M. At times these claims have also resulted in significant costs associated with running defences for the member or funding compensating on the member's behalf.   As with any serious injury members also have to face risk to their reputation.

By introducing initiatives and resources that target areas of high frequency claims we can work together to mitigate the sectors exposure.

How will it help reduce claims?

The guide provides local government with a consistent approach to analyse and/or develop a systematic approach to managing paths and reducing exposure to liability claims. While this initiative seeks to provide a positive impact on claims, we believe where a member implements some or all of the concepts within the guide, it was also go some way towards the Scheme being able to run a robust defence related to footpath and shared path claims brought against the member.

A copy of the guide is available HERE.

To discuss assistance that can be provided, please contact the LGIS Risk team.