Toowoomba council sued for $1.4m by woman after falling over steep slope near Yarraman public toilets

The construction of a footpath nearly four years ago has landed the Toowoomba council in court, with a woman suing for $1.4m after she suffered a fall on it.

A woman has taken the Toowoomba Regional Council to court for more than $1.4m, after suffering injuries from tripping on an “unexpectedly steep” footpath near a public toilet.

Aged care worker Noelene Jean Martin lodged a claim with the Supreme Court prior to Christmas over the incident, which occurred on September 3 2020 when she stopped in Yarraman to use the toilets on the corner of the D’Aguiler Highway and Browne Street.

The footpath had been built by the council in 2019 as part of several infrastructure improvements to the town.

According to the claim, lodged by her solicitor Murphy’s Law Accident Lawyers, Ms Martin parked her car on Browne Street and walked along a grass footpath, heading to the new paved section to use the toilets.

“As the plaintiff stepped on to the eastern wing of the said kerb ramp, the unexpectedly steep slope of the wing caused (her) to overbalance, roll her ankle/foot and fall heavily onto the concrete ramp where she suffered personal injuries,” the claim said.

Ms Martin alleged she suffered a fracture to her right wrist, injuries to her left ankle and right foot, developed complex regional pain syndrome and depression as a result of the incident.

She said the injuries had left her in considerable pain and unable to continue her work in aged care.

The claim argued the council did not construct the new footpath’s “wings” at a 45-degree angle as specified in its original design, alleging the wing was actually 16 degrees.

“The new pathway and kerb ramp … created a trap or safety hazard for pedestrians and other users,” it said.

“The defendant’s officers carried out an inspection of the pathway and kerb ramp (and it) was carried out carelessly and incompetently in that the officers failed to note that the kerb ramp was not constructed in accordance with the defendant’s own design, specifications and standard.”

Ms Martin has claimed damages totalling $1,410,170 for pain and suffering, medical expenses, past and future economic losses as well as existing and future costs for personal care over the next 32 years.

Council’s acting CEO Nick Hauser declined to comment further on the matter, as it had “yet to be finalised”.