The claimant, a cyclist, was riding his bike along a shared bike/footpath. He allegedly slipped on the path’s ‘slow down’ warning signage, injuring his ankle and knee. In his claim, the cyclist alleged that the signage was slippery and had a design flaw.
There had previously been a number of incidents on this section of the shared path, with cyclists crashing in the area due to speed.
The City assessed the situation and responded by installing ‘slow down’ signage which was painted onto the path. In developing the signage, the City consulted with subject matter experts, Main Roads Western Australia (MRWA) to make sure that the signage was appropriate and met required standards.
Prior to the claim incident, local government staff had visited the site and conducted slip tests, by foot and by cycling over the signage. The inspection concluded that the area was safe, up to standard and not slippery in normal conditions.
Over 120 people attended the CEO Breakfast or Local Government Risk Forum on Tuesday 6 September 2022, at Crown Perth.
Representatives from across the state — from Port Hedland to Esperance and everywhere in between joined together to network and explore current risk issues for the sector.
WorkCover WA is the government agency responsible for regulating and administrating the workers’ compensation scheme in Western Australia under the Workers’ Compensation and Injury Management Act 1981.
Businesses are prone to a host of disasters that vary from minor to catastrophic. The start of the COVID-19 crisis in 2020 was sudden, unexpected and incredibly difficult for many.
LGIS was advised of the claim and investigated the matter to find out whether the City was liable. Key findings of our investigation were:
Based on the LGIS investigation, it was established that the signage was up to standard; it had no design or application issues. The City had acted reasonably to meet their duty of care at all steps and therefore, the City was not liable for the claimant’s damages. The claim was successfully denied on behalf of the member.
Lessons from this case
The defence in this case was strong because:
Local governments are community makers, providing the places that create connection and a sense of belonging.
The City of Bunbury’s new youth precinct, Koolambidi Woola, has successfully married design and a strong risk management approach to deliver for the local community
The claimant, a cyclist, was riding his bike along a shared bike/footpath. He allegedly slipped on the path’s ‘slow down’ warning signage, injuring his ankle and knee. In his claim, the cyclist alleged that the signage was slippery and had a design flaw.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
