Public Liability Claims in Ireland: Liability, Evidence, IRB Process & Compensation

Important: This guide covers Irish law only and does not constitute legal advice. The UK (England, Wales, Scotland, Northern Ireland) has different legislation, time limits, and court structures for public liability. Every case depends on its specific facts. Consult a solicitor for advice on your situation.

Contents

Time limit: 2 years from the date of knowledge to apply to the IRB. Civil Liability and Courts Act 2004 ³

IRB first: All public liability claims must go to the IRB before court proceedings. IRB process ²

1-month notice: Notify the respondent in writing (registered post) within 1 month. Citizens Information (Updated November 2025) [4]

Median award (2024): €13,660 for public liability, down 34% from 2020 levels. IRB 2024 Report ²

What is a public liability claim in Ireland?

A public liability claim arises when a person is injured on premises controlled by an occupier who failed to take reasonable care for the visitor's safety. The legal framework is set by the Occupiers' Liability Act 1995 ¹, which defines three categories of entrant (visitor, recreational user, and trespasser), each owed a different standard of care.

Public liability differs from two other common personal injury categories in Ireland. Employers' liability covers injuries to employees during the course of work, governed by workplace health and safety legislation. Road traffic claims involve motor vehicles on public roads, governed by the Road Traffic Acts and compulsory motor insurance. Public liability covers everyone else: the shopper who has a slip and fall in a supermarket, the hotel guest, the parent at the school gate, the pedestrian who trips on a broken footpath. If you've had an accident in a public place caused by someone else's negligence, a compensation claim may be possible.

A detail that catches many claimants off guard: public liability insurance is not compulsory in Ireland. Unlike motor insurance, no law requires a business to hold a policy. Most do, but if the occupier is uninsured, the claim is pursued directly against them. There is no equivalent of MIBI for uninsured premises owners.

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What accidents qualify as public liability?

Public liability covers any accident caused by the dangerous state of premises open to the public, not just the headline slip-and-fall scenarios. According to the IRB Public Liability Accidents Report (Published 2024) [5], falls on the same level accounted for nearly 15,000 claims and approximately €90 million in compensation between 2019 and 2023.

Common public liability accident types and where they occur

Accident type	Typical locations	Related guide
Slips, trips, falls (wet floors, uneven surfaces, loose cables)	Shops, supermarkets, hotels, restaurants	Slip, trip, fall claims
Falling objects (unsecured stock, defective shelving)	Retail, warehouses, public venues	Falling object claims
Defective premises (broken stairs, missing handrails)	Shopping centres, apartment common areas	Uneven surface claims
Footpath and pothole hazards	Public roads, car parks, council areas	Local authority claims
Inadequate supervision or safety	Schools, crèches, playgrounds, pools	School accident claims

The specific location determines who you claim against. Common scenarios include supermarket accidents, hotel injuries, restaurant injuries, playground accidents, and car park accidents. Public liability accidents peak during winter months when ice, wet leaves, and poor visibility increase the risk of slips and falls on footpaths, car parks, and commercial premises.

Public liability claim volume trends by sector (2019 to 2024)

Sector	Trend (2019 to 2023)	Notable data
Cafes, hotels, restaurants	Down 52%	Sharpest decline of any sector
Retail and shops	Down 44%	Improved compliance cited
Footpaths (uneven)	Still significant	Over €4 million in compensation in a single year
Potholes	Persistent	€1.08 million in a single year
All public liability	Down 40%+ overall	4,780 claims in 2024 (unchanged from 2023)

Source: IRB Public Liability Accidents Report 2019 to 2023 ⁵. The IRB's 2024 Annual Report confirms public liability claims remained stable at 4,780 ².

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What to do immediately after a public place accident

The actions you take in the first 48 hours after a public place accident directly affect whether your claim succeeds or fails. Evidence disappears fast: CCTV overwrites within the 30-Day CCTV Preservation Window, staff change shifts, wet floors get mopped, potholes get filled. Treating the scene like it will be contested later is the single most effective thing you can do.

Immediate steps after a public place accident in Ireland

Action	Why it matters	Deadline
Get medical attention	Creates a contemporaneous record linking the accident to your injury	Within 24 hours (A&E or GP)
Report to staff or management	Triggers an entry in the accident report book	At the scene
Photograph the hazard and the scene	Captures conditions before they are cleaned up or repaired	At the scene
Collect witness names and numbers	Independent accounts corroborate your version of events	At the scene
Request CCTV preservation in writing	Prevents the footage from being overwritten on the system's automatic cycle	Within 7 days
Notify the respondent by registered post	Starts the formal claims process and protects your costs position	Within 1 month

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Who may be liable for a public place accident?

The occupier, meaning the person or entity exercising control over the state of the premises, bears the legal duty of care under Section 1 of the Occupiers' Liability Act 1995 ¹. Where multiple parties share control, each may be liable to the degree of control they exercise over the particular danger.

The occupier isn't always the property owner. A management company running a shopping centre, a contractor hired to maintain a car park, or a local authority responsible for a footpath can each be the occupier for the purpose of a claim. Identifying the correct respondent is essential. The IRB can decline to process a claim if the wrong party is named.

Common defendant types in Irish public liability claims

Defendant type	Typical premises	Related guide
Local authorities	Public footpaths, roads, parks, council facilities	Local authority claims
Private businesses	Shops, supermarkets, restaurants, hotels, gyms	Claims against businesses
Landlords and property managers	Apartment common areas, stairwells, lifts	Landlord claims
Event organisers	Concerts, festivals, markets, sporting events	Event accident claims
Schools and educational institutions	Classrooms, yards, playgrounds (elevated duty for children)	School accident claims

The difference between assessment and acceptance often comes down to correctly identifying which entity had actual control over the hazard. In multi-occupier premises like shopping centres, the managing agent and the individual tenant may both bear responsibility depending on where the accident occurred.

Dublin accounts for 37% of all public liability claimants, despite the county housing only 28% of the national population, according to the IRB Public Liability Accidents Report ⁵. This elevated hazard density makes correct respondent identification particularly important for Dublin claims. Speak with a Dublin public liability solicitor.

Irish occupiers' liability law applies to all visitors regardless of nationality. Tourists and non-residents injured in Irish shops, hotels, or on footpaths have the same rights as Irish residents and can pursue a claim through the same IRB process.

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How the 2023 Act changed the duty of care owed to visitors

The Courts and Civil Law (Miscellaneous Provisions) Act 2023 fundamentally altered how occupiers' liability and negligence are assessed in Ireland, amending Section 3 of the Occupiers' Liability Act 1995 with effect from 31 July 2023. The changes were introduced as part of the Government's 66-point Action Plan for Insurance Reform [6].

Before July 2023, occupiers owed a broad duty to take "such care as is reasonable" to prevent visitor injury, with foreseeability of harm as the central test. Courts now must weigh the Five-Factor Liability Threshold Test, five specific statutory factors when determining whether the occupier met the common duty of care and whether a breach of duty occurred:

1. Probability of danger existing on the premises
2. Probability of injury occurring to a visitor from that danger
3. Probable severity of any resulting injury
4. Practicability and cost of precautions or preventative measures
5. Social utility of the activity or conduct that created the risk

Source: William Fry, "Careful Where You Tread" (Sept 2023) [7]. See also the revised Act text ¹.

One aspect the official guidance doesn't cover: the "social utility" factor gives substantial protection to community organisations, sports clubs, and event organisers. A local GAA club maintaining a pitch or a council operating a public park can argue that the activity's community value should weigh against imposing expensive safety measures for low-probability hazards.

Defences the occupier can raise

Knowing what the other side will argue helps you prepare stronger evidence from day one. The most common defences in Irish public liability cases are:

Common occupier defences in public liability claims

Defence	What the occupier argues	How claimants counter it
Usual Danger Rule	The hazard was an ordinary feature that any reasonable person would have noticed and avoided	Show the hazard was concealed, abnormal, or not signposted
Reasonable inspection system	Regular documented checks were carried out and no hazard was found	Challenge the inspection frequency, gaps in logs, or time between last check and accident
Voluntary assumption of risk (s.5A)	You understood and accepted the risk through your conduct	Prove you had no reasonable way to appreciate the danger
Contributory negligence	Your own actions partly caused the injury	Document hazard visibility, signage, and conditions at the time

The inspection system defence is the one that catches most claimants by surprise. A supermarket that can produce a cleaning log showing floor checks every 15 minutes has a strong defence, even if a spill was present at the time of the accident. Challenging that defence requires showing the log was incomplete, the checks were not genuine, or the hazard existed for longer than the interval between inspections.

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What evidence proves a public liability claim?

A successful public liability claim requires evidence connecting the occupier's negligence to your injury, proving duty, breach, causation, and damage in sequence. Generic advice to "take photos" isn't enough. The evidence that moves claims forward is premises-specific: cleaning logs, inspection schedules, CCTV footage, and maintenance records showing the occupier knew or should have known about the hazard. Full guidance: how to prove a public liability claim.

The timing matters more than most guides suggest. What practitioners call the 30-Day CCTV Preservation Window is the critical evidence deadline: CCTV footage in commercial premises is typically overwritten every 28 to 31 days. Requesting preservation within the first week after the accident is essential. Once deleted, the footage can't be recovered, and in many cases it would have shown how long the hazard existed before the accident. That duration is exactly the evidence that establishes breach of duty.

The Public Liability Evidence Chain: priorities by type

Evidence type	What it proves	Time-critical?
CCTV footage	Hazard duration, cleanup delay, accident mechanics	Yes, request within 7 days
Cleaning and inspection logs	Whether scheduled checks were actually carried out	Request via solicitor early
Accident report book entry	That the incident was formally recorded	Complete on the day if possible
Photographs	Hazard condition, lighting, signage (or lack of it)	Yes, take at the scene
Witness details	Independent confirmation of conditions	Collect names and numbers at the scene
Medical records	Injury causation and prognosis	Attend A&E or GP within 24 hours

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How the IRB process works for public liability claims

Every public liability claim in Ireland must be submitted to the Injuries Resolution Board (IRB) before court proceedings can begin, unless the claim settles directly between the parties. The IRB, formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, provides an independent assessment of compensation under the Personal Injuries Resolution Board Act 2022 [8]. Full process guide: IRB public liability claims.

The IRB application process follows these steps:

1. Notify the respondent in writing within 1 month of the accident (registered post recommended)
2. Gather medical evidence: your solicitor requests a detailed report from the treating doctor
3. Submit the IRB application (Form A) with medical report (Form B), PPS number, and accident details. The application fee is €45 online or €90 by post/email
4. The respondent has 90 days to consent to IRB assessment
5. If they consent, the IRB assesses compensation (median timeline: 9 to 11 months)
6. Both parties receive a Notice of Assessment: claimant has 28 days to accept or reject, respondent has 21 days

Since its establishment in 2004, the IRB has awarded over €4 billion in compensation across nearly 200,000 claims, saving an estimated €1.2 billion in costs that would otherwise have been spent on litigation ². According to the IRB Annual Report 2024 (Published July 2025), respondent consent rates remained at 70% for the third consecutive year, confirming that the process is accepted by the majority of insurers and businesses.

The IRB statistics don't capture one important nuance: for liability claims under €150,000, the average compensation awarded through the IRB (€26,177) was virtually identical to the average paid through litigation (€26,384) in 2024, according to IRB CEO Rosalind Carroll ². The faster IRB route does not disadvantage claimants on award value for the majority of public liability claims.

If either party rejects the IRB assessment, or if the respondent does not consent, the IRB issues an Authorisation allowing the claimant to proceed to court. Under Section 50 of the PIAB Act 2003, you then have 6 months from the date of the Authorisation plus any remaining time from your original 2-year limitation period to issue proceedings. Personal injury claims up to €60,000 are heard in the Circuit Court, while claims above €60,000 proceed to the High Court. A practical caution: if you reject the IRB offer and go to court but do not beat the IRB figure, you may be liable for the respondent's legal costs from the date of the IRB assessment under Section 51A. This risk is a key factor in the decision to accept or reject. Read more about settling versus going to court.

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What compensation can you claim?

Compensation in Irish public liability claims is assessed under the Personal Injuries Guidelines (April 2021) [10], in force since April 2021 (replacing the former Book of Quantum). The Guidelines set standardised brackets for general damages, the monetary amount awarded for pain and suffering. Special damages covering financial losses (medical bills, lost earnings, travel costs) are assessed separately. According to the IRB Award Values Report (April 2025) [11], public liability claims in Ireland produced a median award of €13,660 in 2024, while the average award across all categories reached €23,877 in the second half of that year. Full guide: public liability compensation.

Public liability award data (2024)

Metric	Public liability	All categories
Median award	€13,660	€13,100
Average award (H2 2024)	Not separately published	€23,877
Highest PL award (2024)	€174,719 (serious eye injury)	€634,875
Change from 2020	Down 34%	Down 29%
Acceptance rate	50% (up from 48% in 2023)

Sources: IRB Award Values H2 2024 [11]. IRB Annual Report 2024 ².

Compensation splits into two categories. General damages cover pain, suffering, and loss of quality of life, assessed under the Personal Injuries Guidelines. Special damages cover out-of-pocket financial losses: medical expenses, loss of earnings, travel costs, rehabilitation, and care costs.

Where a claimant sustained more than one injury, the IRB and courts do not simply add individual guideline values together. The assessor identifies the dominant (most severe) injury, then applies an uplift to reflect additional injuries. The combined award must remain fair and proportionate to the overall impact.

Psychological injuries (anxiety, PTSD, depression) sustained after a public place accident are now compensable through the IRB following recent legislative changes allowing the Board to assess wholly psychological claims. Medical evidence from a psychiatrist or psychologist is required to support the claim.

The most common physical injuries arising from public liability accidents in Ireland include fractures (particularly wrist and ankle from falls), back injuries, knee injuries, head injuries, and ankle injuries. More serious cases can involve spinal damage or traumatic brain injury, where compensation reflects the long-term impact on quality of life and earning capacity.

Between 2019 and 2023, average expected costs for public liability claims rose by 37%, even as the volume of claims fell 40%, according to the Central Bank NCID Report (Published 2024) [13]. The IRB received 15 fatal claims relating to public place incidents in 2024, unchanged from 2023 ². These figures confirm that while fewer claims are being brought, the claims that do proceed tend to involve more serious injuries and higher compensation.

The Personal Injuries Guidelines, formerly known as the Book of Quantum until 2021, are currently under review. The Judicial Council published draft amendments in December 2024, but these amendments have not been approved and the existing April 2021 Guidelines remain the legally binding framework ¹⁰. A proposal to increase compensation brackets by 17% was rejected by Government.

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Time limits that apply to public liability claims

The strict statute of limitations for filing a public liability claim in Ireland is two years from the date of knowledge, as governed by the Civil Liability and Courts Act 2004 ³. Missing this deadline means the claim becomes statute-barred. The court will refuse to hear it, regardless of how strong the evidence is. Full analysis: time limits for public liability claims.

Three critical rules apply. First, the date of knowledge is not always the date of the accident. The two-year clock starts when you become aware (or should reasonably have become aware) that you suffered an injury, that negligence caused it, and that you know the identity of the party at fault. Second, for children, the two-year period does not start until the child turns 18. A parent or guardian can bring the claim earlier as "next friend." Third, you should notify the respondent within one month in writing. Failure to do so may affect costs if the case goes to court ⁴.

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What most public liability guides miss

Three significant developments have changed how public liability claims in Ireland are assessed since 2023, and most guides haven't caught up.

1. The voluntary assumption of risk defence is now conduct-based. Since July 2023, occupiers don't need a signed waiver to argue you accepted a risk. Courts can assess this from your behaviour alone. Walking through an obviously icy car park in inappropriate footwear, or ignoring visible hazard signage, could now be treated as voluntary risk acceptance, potentially defeating a claim entirely rather than merely reducing it through contributory negligence. See duty of care.

2. IRB mediation is now available for public liability. Rolled out in May 2024, this free service resolves claims in an average of 3 months. Yet the majority of claimants don't know it exists. Mediation is particularly effective for straightforward liability cases with clear hazards, documented injuries, and cooperative respondents.

3. Contributory negligence is applied more aggressively. Court of Appeal decisions have reinforced that visitors must take reasonable care for their own safety. In practical terms, courts assess whether a reasonable person would have seen and avoided the hazard. If the answer is yes, the claim fails or the damages are substantially reduced. Read about negligence in public liability.

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When should you contact a public liability solicitor?

You don't legally need a solicitor to make a public liability claim through the IRB, but the Law Society of Ireland recommends legal representation in dealings with the Board, noting that it is "necessary to guarantee the rights of victims of accidents against the interests of big business and the insurance industry." A solicitor handles evidence gathering, IRB application, respondent identification, and (if needed) court proceedings. Speak with a Dublin public liability solicitor.

Situations where professional advice adds particular value: disputed liability or refused IRB consent, multiple occupiers sharing responsibility, long-term or permanent injuries, claims involving children or elderly claimants, accidents on local authority property (where notice requirements and non-feasance rules apply), and cases where contributory negligence is likely to be alleged.

One detail that surprises clients: the IRB can't assist you in completing the application form, and errors in your initial submission can't easily be corrected later. Getting the application right first time avoids delays that can stretch the process by months.

Gary Matthews Solicitors operates on a No Win No Fee basis for qualified personal injury claims. In Irish practice, this means the solicitor absorbs all costs upfront (including IRB application fees, medical report fees, and barrister fees) and takes an agreed fee only if the claim succeeds. If the claim fails, you don't pay solicitor fees. We handle the entire process, from evidence preservation and IRB application through mediation or court, so you can focus on recovery.

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Evidence checklist and templates

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References

1. Occupiers' Liability Act 1995 (Revised), Law Reform Commission (current)
2. Injuries Resolution Board, Annual Report 2024 (July 2025)
3. Civil Liability and Courts Act 2004, Irish Statute Book (current)
4. Injuries Resolution Board, Citizens Information (updated Nov 2025)
5. Public Liability Accidents Report 2019 to 2023, IRB (2024)
6. Minister Calleary, IRB Annual Report 2023 Press Release, Gov.ie (2024)
7. Careful Where You Tread: Changes to Occupiers' Liability, William Fry (Sept 2023)
8. Personal Injuries Resolution Board Act 2022, Irish Statute Book (current)
9. IRB Mediation Service, injuries.ie (2024)
10. Personal Injuries Guidelines, Judicial Council (April 2021, current)
11. Personal Injuries Award Values H2 2024, IRB (April 2025)
12. Personal Injury Litigation: Top Insights 2025, Dillon Eustace (2025)
13. NCID Employers and Public Liability Insurance Report, Central Bank of Ireland (2024)

Frequently asked questions about public liability claims

Can I make a public liability claim if I was partly at fault?

Yes. Under Section 34 of the Civil Liability Act 1961, contributory negligence reduces your award proportionally but does not eliminate it. If you were 25% at fault, you receive 75% of the assessed damages.

Courts consider whether a reasonable person in your position would have avoided the hazard. Wearing unsuitable footwear on a visibly wet floor may result in a contributory negligence finding. The 2023 Act's new voluntary assumption of risk defence goes further: if you are found to have willingly accepted the risk, the claim can be defeated entirely.

Why it matters: Contributory negligence is alleged in the majority of defended public liability cases. Documenting the hazard's visibility and any absent warning signs is critical.

Next step: Negligence in public liability · Duty of care explained

What is the time limit for a public liability claim in Ireland?

Two years from the date of knowledge. The date of knowledge is when you became aware (or reasonably should have become aware) that you suffered an injury caused by someone else's negligence. For most accidents, the date of knowledge is the accident date itself.

Exceptions apply: children's claims don't start running until the child turns 18. A parent or guardian can bring the claim earlier as "next friend." For injuries with delayed symptoms, the clock starts when the symptoms are medically attributed to the accident.

Why it matters: Missing the two-year window makes the claim statute-barred. Courts enforce this strictly.

Next step: Time limit rules · Child claims

Do I need a solicitor for a public liability claim?

Not legally, but the Law Society recommends it. You can apply to the IRB yourself. A solicitor identifies the correct respondent, gathers and preserves evidence (particularly CCTV and maintenance logs), prepares the medical report, navigates the IRB process, and negotiates if the assessment is rejected.

One detail that surprises many claimants: the IRB can't assist you in completing the application form, and errors in your initial submission can't easily be corrected later. Getting the application right first time avoids delays.

Why it matters: A correctly prepared application with strong evidence typically achieves a better outcome.

Next step: Dublin public liability solicitor · Call 01 903 6408

How much compensation can I get for a public liability claim?

The median public liability award through the IRB in 2024 was €13,660. The highest public liability award in 2024 was €174,719 for a serious eye injury. Awards are assessed under the Personal Injuries Guidelines (2021), which set standardised brackets for different injury types and severities.

Compensation covers both general damages (pain and suffering) and special damages (medical bills, lost earnings, travel costs). The final amount depends on injury severity, recovery timeline, prognosis, and the financial losses directly caused by the accident.

Why it matters: The Guidelines reduced many minor injury awards compared to the former Book of Quantum, but moderate and severe injury brackets remain significant.

Next step: Compensation guide · General damages · Special damages

What happens if the occupier has no public liability insurance?

The claim proceeds directly against the occupier. Public liability insurance is not compulsory in Ireland. If the occupier is uninsured, they must pay any award from their own assets. There is no equivalent of the MIBI fund for premises liability.

Most commercial occupiers carry insurance. The risk arises with smaller businesses, community groups, private landlords, or individuals. Your solicitor can investigate the occupier's insurance position early in the process.

Why it matters: Winning a claim against an uninsured occupier with no assets may result in an unenforceable judgment.

Next step: How to make a claim

How long does a public liability claim take?

Through the IRB, most assessments take 9 to 11 months from respondent consent. The new mediation service averages 3 months. If the case proceeds to court after the IRB, it can take 1 to 3 years depending on court lists and case complexity.

What the timeline estimates don't account for: the 90-day period for respondent consent (before the clock even starts), delays in obtaining medical reports or specialist assessments, and the time needed for injuries to stabilise before final assessment is appropriate.

Why it matters: Starting early gives the best chance of completing the process within the two-year limitation period.

Next step: IRB process · Settlement vs court

Can a tourist make a public liability claim in Ireland?

Yes. Irish occupiers' liability law applies to all visitors regardless of nationality or residency. Tourists injured in hotels, shops, or on footpaths have the same rights as Irish residents. The claim follows the same IRB process.

Practical considerations: medical evidence may need to come from the visitor's home country, and the claimant may need to attend an independent medical examination in Ireland. A solicitor can coordinate these logistics remotely.

Why it matters: The two-year limitation period still applies, so tourists should begin the process promptly even after returning home.

Next step: Tourist accident claims

What is the difference between public liability and employers' liability?

Public liability covers injuries to members of the public on premises. Employers' liability covers injuries to employees during the course of work. Different legal frameworks apply. Public liability falls under the Occupiers' Liability Act 1995. Employers' liability is governed by the Safety, Health and Welfare at Work Act 2005 and the common law duty of care owed by employers.

Overlap can arise: a delivery driver injured in a supermarket may have both an employers' liability claim against their employer and a public liability claim against the supermarket operator.

Why it matters: Filing under the wrong category can delay or defeat the claim. Correct classification is essential at the IRB application stage.

Next step: Public liability vs employers' liability

Related questions

Can I claim if I slipped on a wet floor in a supermarket? Yes, if the supermarket failed to clean up the spillage within a reasonable time, failed to place warning signs, or didn't maintain an adequate inspection system. See supermarket accident claims.

Who do I claim against if I trip on a broken footpath? Typically the local authority responsible for maintaining that footpath. Check whether the defect was previously reported. See local authority claims.

Can I claim for a child injured in a playground? Yes. A parent or guardian brings the claim as "next friend." Schools and local authorities owe an elevated duty of care to children. See child public liability claims and playground accident claims.

Related internal guides: Occupiers' Liability Act 1995 · Evidence for claims · Fracture claims · Back injury claims · Head injury claims · Psychological injury claims · Full FAQ page

Important: This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.