Public Liability Claims Through the IRB in Ireland
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
Every public liability claim in Ireland must pass through the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, before court proceedings can begin. The IRB assesses compensation for injuries sustained in shops, hotels, footpaths, car parks, schools, and other premises where an occupier owed a duty of care. In 2024, 4,780 public liability applications were submitted to the Board, with a median public liability award of €13,660. Since May 2024, public liability claimants also have access to the IRB's free mediation service, which resolves claims in roughly three months compared to 11.2 months for the traditional assessment track. Sources: IRB Annual Report 2024 [1]. Gov.ie, Mediation for PL Claims (May 2024) [2].
At a glance: Public liability claim → notify occupier within 1 month → apply to IRB (€45 online, medical report required) → respondent has 90 days to consent → opt for mediation (3-month resolution) or assessment (9-15 months) → accept or reject → if rejected, Section 51A costs risk applies. Sources: Citizens Information [3]. 1.
Quick Answers
Contents
What Is the IRB and How Does It Handle Public Liability Claims?
The Injuries Resolution Board is the independent statutory body that assesses compensation for personal injury claims in Ireland, including all public liability claims arising from accidents on someone else's premises. Established under the Personal Injuries Assessment Board Act 2003 [4] and expanded by the Personal Injuries Resolution Board Act 2022 [5], the IRB provides an alternative to court litigation. It does not determine who was at fault. It calculates what the injury is worth, based on the Personal Injuries Guidelines (2021) [6], if liability is not disputed.
Public liability claims differ from motor and workplace claims at the IRB in one critical respect: identifying the correct respondent is harder. A slip in a supermarket might involve the shop owner, a cleaning contractor, or a property management company. A fall on a broken footpath might involve a local authority, a utility company, or a private landowner. The IRB does not investigate who is responsible. If you name the wrong party on your application, your claim stalls or fails entirely while the two-year time limit continues to run.
A detail that catches many claimants off guard: the IRB's consent to assess does not mean the occupier admits fault. Under Section 16 of the 2003 Act, consent is given on a "without prejudice" basis. The respondent can accept IRB assessment, accept the award, and still deny liability if the case later reaches court. 4
What the IRB does not do
The IRB does not determine who caused the accident. It does not investigate the scene, interview witnesses, or examine CCTV. It does not decide whether the occupier was negligent. It does not hear oral evidence or conduct hearings. It does not award legal costs to claimants (if you accept an assessment, your own solicitor fees come out of the award). It cannot compel a respondent to consent to the process, and it cannot force either party into mediation. The Board's role is strictly limited to calculating the financial value of your injury. If the question of who is at fault is disputed, the assessment process cannot resolve it. Only the mediation track or the courts can address liability. 4
Irish public liability claims follow a different process from England, Wales, and Northern Ireland. In Ireland, all personal injury claims (except medical negligence) must pass through the IRB before court proceedings can begin. There is no equivalent mandatory pre-court assessment body in the UK. The Personal Injuries Guidelines (2021) that govern Irish IRB assessments have no direct equivalent in England and Wales, where the Civil Liability Act 2018 applies to whiplash only. If you've read UK guidance on public liability claims, the procedures, time limits, and compensation frameworks do not apply in Ireland.
How Do You Apply to the IRB for a Public Liability Claim?
You apply online at injuries.ie (Updated 2025) for €45, with a completed medical report from your treating doctor, within two years of the accident date. The application form (Form A) asks for your PPSN, the respondent's name and address, accident details, injury description, and whether you consent to mediation. The medical report (Form B) must be completed by a doctor who has examined you. A GP letter or sick note will not be accepted. 3
For public liability claims specifically, your application must name the occupier of the premises where the accident happened. Before submitting, confirm the legal identity of the occupier. A trading name is not always the legal entity. A hotel may be owned by a management company with a different registered name. A council footpath claim targets the relevant county council, usually through IPB Insurance.
When more than one party may be liable
Public liability accidents often involve multiple potentially responsible parties. A slip on a wet floor inside a shopping centre could involve the individual shop tenant, the centre management company, and the cleaning contractor. A fall on a footpath near utility works could involve the local authority and the utility company. You can name more than one respondent on your IRB application, but each respondent receives their own 90-day consent window. 3
The complication: one respondent may consent to IRB assessment while another refuses. In that scenario, the IRB can assess your claim against the consenting respondent and simultaneously issue an Authorisation against the refusing party. You could end up with an IRB assessment for one defendant and court proceedings against another for the same accident. Getting the respondent identification right before filing is the single most important step in a public liability IRB claim. A solicitor can run company searches, check land registry records, and request lease information to confirm the correct legal entities before the application goes in.
You must also send a written notification (letter of claim) to the respondent within one month of the accident. Under Section 8 of the Civil Liability and Courts Act 2004 [7], failure to notify within this window can affect your recovery of legal costs if the case reaches court. The 2018 amendment shortened this from two months to one.
Timing matters more than most guides suggest. Send the Section 8 letter immediately after the accident, even before gathering all evidence. You can attach supporting documents later. Missing the one-month window doesn't kill your claim, but courts can and do draw adverse cost inferences from late notification. 7
CCTV overwrites in 7 to 30 days. Most commercial premises in Ireland retain CCTV footage for 28 to 30 days before the system records over it. Supermarkets, hotels, shopping centres, and council-monitored areas follow similar cycles. If you slipped in a shop on a Tuesday and don't request the footage until five weeks later, it's gone. Include a written CCTV preservation request in your Section 8 letter or send a separate written request to the data controller on the day of the accident. Under GDPR, you also have a right to request footage of yourself through a Subject Access Request. A solicitor can send the request with the correct legal wording on the same day you instruct them.
The Incomplete Application Trap (September 2023 Change)
Since 4 September 2023, only a complete IRB application pauses the two-year limitation period. Before this date, filing any application to the Board stopped the clock under Section 50, even if the medical report was missing. Phase 2 of the Personal Injuries Resolution Board Act 2022 5 changed this rule. An application is now incomplete, and the clock keeps running, if it lacks the PPSN, the respondent's details, or the Form B medical report.
The Law Society of Ireland (January 2024) [8] highlighted the risk this creates for practitioners and claimants. GPs can take two to four weeks to complete detailed medical reports. If you're approaching the two-year deadline, the delay could make the difference between a valid claim and one that is statute-barred.
Practical step: apply to the IRB at least three months before your limitation deadline expires. This gives buffer time for GP delays, portal issues, or missing documentation.
What Happens After You Submit Your Application?
The IRB notifies the respondent (the occupier, business, or local authority you've named) and gives them 90 days to consent to the Board assessing your claim. In 2024, the respondent consent rate across all categories was 70%. 1 If the respondent consents, the claim enters either the mediation or assessment track, depending on what both parties selected on their forms.
If the respondent refuses consent, the IRB issues an Authorisation. This is not a rejection of your claim. It is a legal document that allows you to start court proceedings. For public liability claims, consent refusals happen more often than in motor claims because businesses and local authorities frequently dispute liability.
One aspect the official guidance doesn't cover: a respondent's failure to reply within 90 days is treated as a refusal. There is no automatic consent by default for failing to respond, unlike some claimants assume. The IRB will issue an Authorisation and close its file. 3
What the respondent can choose
The consent form sent to the respondent is not a simple yes or no. The respondent (or their insurer) picks from four options, and the choice they make determines which track your claim follows. 9
| Respondent's choice | What happens next | Typical in PL claims? |
|---|---|---|
| Consent to mediation only | Mediation proceeds. If it fails, Authorisation issues for court (no assessment fallback). | Uncommon. Insurers rarely limit to mediation alone. |
| Consent to assessment only | Standard 9-15 month assessment track. No mediation option. | Most common before May 2024. Still frequent. |
| Consent to both mediation and assessment | Mediation tried first (~3 months). If it fails, claim moves to assessment queue. | Increasingly common. Best outcome for claimants. |
| Decline all (refuse consent) | IRB issues Authorisation immediately. Claim proceeds to court. | Common in disputed-liability PL claims, especially against councils. |
Source: IRB Mediation Guide 9. 3.
Can You Use Mediation for a Public Liability Claim?
Yes. Free mediation has been available for public liability claims since 8 May 2024, when the Minister for Enterprise extended the IRB's mediation service from employer liability to public liability cases. 2 Mediation is the most significant change to the public liability claims process since the Board's creation in 2004. It allows disputes over who was at fault to be discussed and resolved, something the traditional assessment track cannot do.
The mediation process is voluntary, confidential, and telephone-based. The IRB assigns an accredited mediator who speaks to each party separately through a series of private calls. You don't speak directly to the respondent or their insurer. Both sides can have solicitors present. IRB Mediation Guide (2024) [9].
The practical advantages for public liability claimants are substantial:
| Feature | Assessment track | Mediation track |
|---|---|---|
| Average resolution time | 11.2 months (49% exceed 9-month target) | Approximately 3 months |
| Can address disputed liability? | No. Assessment only calculates quantum. | Yes. Mediator can explore fault and contributory negligence. |
| Cost to claimant | No additional fee beyond €45 application | Free. No additional fee. |
| If it fails? | Authorisation issued for court | Claim moves to assessment (if respondent consented) or court |
| Outcome binding? | Order to Pay if both accept | Legally binding after 10-day cooling-off period |
Sources: 1. Law Society Gazette (July 2025) [10]. 9.
The initial opt-in rate among claimants for mediation is 35%. 10 For public liability cases where the occupier is likely to dispute fault, mediation offers a path to resolution that avoids both the 11-month assessment queue and the multi-year court timeline.
Opt into mediation on your application form. You can always withdraw later. If the respondent also opts in, you could have a binding agreement within three months. If they decline mediation but consent to assessment, your claim simply enters the standard assessment queue. You lose nothing by selecting it.
How Does the IRB Assess a Public Liability Claim?
The IRB assesses your public liability claim using a document-only process, with no oral hearing, based on the Personal Injuries Guidelines (2021) and your medical evidence. 6 The statutory target is nine months from when the respondent consents, though the Board can extend this to 15 months under Section 49 of the 2003 Act. In practice, the average assessment now takes 11.2 months. 1
The Board may commission an independent medical examination. You must attend if asked. Failure to attend without a valid reason is treated as non-cooperation, and under Section 51C of the 2022 Act, this can trigger cost penalties even if you later win a higher award in court.
In 2024, the median public liability award was €13,660, up 10% from 2023 but still 29% below the 2020 pre-Guidelines figure. 10 The IRB's assessment covers general damages (pain and suffering) based on the Guidelines. Special damages (loss of earnings, medical expenses, travel costs) must be vouched with receipts and submitted before the assessment. The Guidelines don't cover special damages.
The difference between assessment and acceptance often comes down to the dominant injury classification. The IRB identifies your most significant injury and applies the relevant Guidelines bracket. If you have multiple injuries, the Board assesses the dominant one at full value and applies a proportional uplift for secondary injuries. The assessment letter identifies the dominant injury but does not provide a detailed breakdown of how the figure was calculated.
If your injuries worsen after filing
Public liability injuries, particularly falls, sometimes reveal more damage over time. A knee sprain diagnosed at A&E may later be confirmed as a ligament tear requiring surgery. Under Section 46(3) of the 2003 Act, you can submit a supplemental application to the IRB to add injuries that were not apparent when you originally filed. 4 Submit the updated medical report before the assessment is issued. Once the Board makes its assessment, your options to add newly discovered injuries become limited to the court process.
What a public liability IRB timeline looks like in practice
| Month | What happens |
|---|---|
| January 2026 | Accident in supermarket. Attend A&E. Send Section 8 letter to occupier. Request CCTV preservation. |
| February 2026 | GP completes Form B medical report. Solicitor confirms respondent identity and files IRB application (€45). |
| February to May 2026 | Respondent's 90-day consent window. Insurer reviews claim, decides whether to consent to assessment, mediation, or both. |
| May 2026 | Respondent consents. If mediation selected by both: mediation begins (average 3 months to resolve). If assessment only: claim enters assessment queue. |
| May to August 2026 (mediation track) | Mediator conducts telephone sessions. If agreement reached: 10-day cooling-off period, then Order to Pay. |
| May 2026 to April 2027 (assessment track) | IRB reviews medical evidence. May request independent medical examination. Average 11.2 months to complete assessment. |
| April 2027 | Assessment letter issued. 28 days to accept or reject. Respondent has 21 days. |
| May 2027 | If both accept: Order to Pay issues. If either rejects: Authorisation issues for court proceedings. |
Timeline is illustrative. Actual timelines depend on respondent behaviour, injury complexity, and Board workload. Source: 1.
Should You Accept or Reject the IRB Assessment?
You have 28 days to accept or reject the IRB assessment. The respondent has 21 days. If both accept, the Board issues an Order to Pay, which has the same legal force as a court judgment. If either party rejects, the IRB issues an Authorisation for court proceedings. In 2024, 50% of all assessments were accepted by both sides, the highest rate since the Personal Injuries Guidelines took effect. 1
Before deciding, wait until the respondent's 21-day deadline passes. If the respondent rejects the assessment, Section 51A does not apply to you. You can proceed to court without the costs penalty. If the respondent accepts but you reject, the financial risk shifts entirely to you.
The 28-day deadline is asymmetric and automatic. Under Section 30 of the 2003 Act, a claimant who does not respond in writing within 28 days is deemed to have rejected the assessment. Section 51A costs risk activates automatically. A respondent who does not respond within 21 days is deemed to have accepted the assessment, and an Order to Pay issues against them. Missing the 28-day window by even one day can trigger a costs penalty you never intended to accept. 4
What happens when both parties accept (Order to Pay)
If both you and the respondent accept the assessment, the IRB issues an Order to Pay. This document has the same legal force as a judgment of an Irish court. 4 The respondent's insurer must pay the assessed amount directly to you (or to your solicitor's client account if you have legal representation). There is no separate hearing or court attendance required.
In practice, insurers typically process payment within four to six weeks of the Order to Pay issuing. If the respondent fails to comply, the Order can be enforced through the courts in the same way as any other court judgment. The claim is fully resolved once payment is received. You cannot reopen or appeal an accepted assessment.
The IRB assessment does not include a contribution toward your own legal costs. If you engaged a solicitor, their fees come out of the assessed amount. This is an important factor in the accept-or-reject decision: a €15,000 assessment after solicitor fees may leave you with €10,000 to €12,000 net.
The IRB statistics don't capture a fact that fundamentally changes this calculation. Mason Hayes Curran's analysis of Central Bank data (December 2025) [11] found that when large-loss claims are excluded, the average IRB award (€23,794) and the average award paid through litigation (€23,803) are almost identical. For moderate public liability claims, rejecting the IRB assessment adds years of delay and thousands in legal costs for a statistically similar outcome.
Section 51A: The Costs Risk Most Claimants Don't Know About
Under Section 51A of the PIAB Act 2003 [12], if you reject an IRB assessment that the respondent accepted, and the court later awards you the same amount or less, you cannot recover your legal costs from the defendant. The court can also order you to pay the respondent's costs from the date you rejected the assessment.
A worked example for a public liability slip-and-fall claim:
| Step | Amount |
|---|---|
| IRB assesses your claim at | €15,000 |
| Respondent (supermarket's insurer) accepts | €15,000 |
| You reject and proceed to Circuit Court | (decision to litigate) |
| Your solicitor and counsel fees | €8,000 to €12,000 |
| Respondent's costs (from rejection date to trial) | €10,000 to €15,000 |
| Court awards you | €14,000 |
| Result: your €14,000 is reduced by costs exposure | Net: close to zero or negative |
Cost estimates are indicative. Actual costs depend on case complexity, expert requirements, and time to resolution. Source: 12. Central Bank ELPL Report 4 via MHC 11.
To break even after rejecting a €15,000 assessment, you would typically need a court award of approximately €28,000 to €35,000, roughly double the IRB figure, to cover your own costs and the respondent's costs exposure. The Delaney v PIAB [2024] IESC 10 Supreme Court ruling confirmed that the Personal Injuries Guidelines are legally binding, which means courts apply the same valuation framework as the IRB. The room to "do better" in court has narrowed sharply. 2
Section 51A Break-Even Calculator
Enter your IRB assessment figure to see the approximate court award you would need to break even after legal costs. This is an indicative estimate only. Actual costs vary by case complexity, court venue, and time to resolution.
Your estimated costs
€10,000
Respondent's costs exposure
€12,500
Break-even court award needed
€37,500
Cost ranges are indicative estimates based on typical Irish personal injury litigation costs. Your actual costs will depend on case complexity, expert requirements, and time to trial. This tool does not constitute legal advice. Sources: 11. 12.
Section 51C: the cooperation trap that applies even if you win
Section 51A is not the only costs penalty. Under Section 51C, inserted into the principal Act by the Personal Injuries Resolution Board Act 2022, claimants who fail to cooperate with the IRB process face cost penalties even if they ultimately win a higher award in court. 5
Non-cooperation is defined broadly. It includes failing to attend a scheduled independent medical examination without a documented valid reason, neglecting to provide receipts for special damages before the assessment is issued, or not submitting a certificate of loss of earnings in time. A court that finds the claimant failed to reasonably cooperate with the Board can reduce or deny their costs recovery from the respondent. 5
The practical risk for public liability claimants: if the IRB asks you to attend a medical exam and you cancel without notice, or you fail to vouch your taxi receipts and physiotherapy invoices before the assessment, a respondent's solicitor can raise Section 51C in any subsequent court proceedings. Your solicitor should track every IRB deadline and respond promptly to every Board request.
What Happens if the IRB Issues an Authorisation?
An Authorisation is a legal document that permits you to start court proceedings. You receive one if the respondent refuses consent, if either party rejects the assessment, or if mediation fails and no assessment consent exists. The Authorisation is not a comment on the merit of your claim.
Under Section 50 of the 2003 Act, the time spent in the IRB process does not count toward your two-year limitation period. After receiving an Authorisation, you have six months plus any unused portion of your original limitation period to issue a Personal Injury Summons. For full detail on what happens after authorisation, see our post-authorisation proceedings guide.
What the timeline estimates don't account for: only 14% of all employer and public liability claims settled during the IRB process in 2023. Seventy percent proceeded to litigation. 11 The average claim took 4.8 years from first insurer notification to conclusion, up from 3 years in 2015. The IRB is often a gateway to court rather than a final resolution.
When Does the IRB Fast-Track Serious Public Liability Injuries?
For catastrophic injuries such as spinal cord damage, traumatic brain injury, or complex fractures from a fall, a solicitor can apply to the IRB under Section 17(b)(i)(I) of the 2003 Act for the Board to issue an Authorisation directly without making an assessment. 4 The Board exercises this discretion when its paper-based process cannot fairly value the claim, typically because the claimant's injuries require occupational therapists, vocational assessors, and actuaries to calculate future losses.
The IRB also declines to assess claims where the medical prognosis is uncertain, where the injuries are wholly psychological and require psychiatric evidence, or where the facts of the accident are so heavily disputed that a document-only process cannot resolve them. A "declined to assess" outcome is not a rejection. It means the Board recognises that your case needs the adversarial structure of a courtroom, with oral evidence and cross-examination, to reach a fair result.
Public Liability IRB Statistics: 2024 Data
The IRB processed 20,837 total claim applications in 2024, with 4,780 public liability claims representing approximately 23% of the non-workplace caseload. 1 The Board awarded €168 million in total compensation and generated an estimated €76 million in savings by resolving claims outside the courts.
| Metric (2024) | Figure | Change |
|---|---|---|
| Total IRB applications | 20,837 | Up 3% from 2023 |
| Public liability applications | 4,780 | Unchanged from 2023 |
| Median PL award | €13,660 | Up 10% from 2023 |
| Respondent consent rate | 70% | Stable |
| Assessment acceptance rate | 50% | Highest since Guidelines introduced |
| Mediation opt-in rate (claimants) | 35% | First full year of PL mediation |
| Average mediation resolution time | ~3 months | Compared to 11.2 months for assessment |
Sources: 1. IRB Award Values H2 2024 [13]. 10.
Between 2019 and 2023, public liability claim volumes fell by 40%. Hospitality claims halved. Shop and store claims dropped by 44%. Sports and athletic venue claims fell by 38%. Insurance Ireland (January 2025) [14]. Pedestrian injuries from unsafe walking environments accounted for over 6,000 claims in the same period, more than collisions with motor vehicles (3,412 claims). The leading cause was uneven footpaths, followed by potholes and broken kerbs.
How Are Public Liability Claims at the IRB Changing?
Three reforms will reshape public liability claims through the IRB over the next two years: the Civil Reform Bill 2025, the Action Plan for Insurance Reform 2025-2029, and the proposed Personal Injuries Guidelines uplift.
The Civil Reform Bill 2025 [15], published in January 2026, proposes raising the Circuit Court's jurisdiction from €60,000 to €100,000 for personal injury actions. For public liability claims that proceed beyond the IRB, this means more cases will be heard in Circuit Court rather than the High Court, potentially reducing legal costs by 30% to 50%.
The Action Plan for Insurance Reform 2025-2029 (July 2025) [16] proposes making mediation the default process at the IRB, remitting claims back to the Board when new medical evidence emerges during litigation, and awarding legal fees for claims resolved through the IRB. These changes, if enacted (Q2 2027 target), would make the IRB a more attractive resolution path and reduce the proportion of claims reaching court.
The Judicial Council approved draft amendments in January 2025 proposing a 16.7% uplift to the Personal Injuries Guidelines to reflect inflation since 2021. The Government has not yet approved these amendments. If enacted, IRB assessments for public liability claims would increase across all injury categories.
Key Court Decisions Affecting Public Liability IRB Claims
Delaney v PIAB [2024] IESC 10
Holding: The Supreme Court ruled that the Personal Injuries Guidelines (2021) are legally binding. The IRB acted properly in applying them. Any future changes to the Guidelines require legislation by the Oireachtas.
Why it matters for public liability claimants: Courts must now apply the same valuation framework as the IRB. The practical gap between an IRB assessment and a court award has narrowed. Rejecting an IRB assessment in the hope of a sympathetic judge carries greater financial risk than it did before April 2024.
Source: 2
Wolfe v Personal Injuries Assessment Board [2022] IEHC 370
Holding: The High Court dismissed a challenge to an IRB assessment of €11,000 for soft-tissue injuries. The court held that the IRB is not required to provide detailed written reasons for how it applied the Guidelines. Identifying the dominant injury is sufficient.
Why it matters for public liability claimants: The IRB assessment letter will identify your dominant injury and state a figure, but it will not provide a line-by-line breakdown. Under Section 51A, this limited reasoning makes it harder to assess whether rejecting is worth the risk. Getting a solicitor's independent valuation before deciding is critical.
Source: Irish Legal News (June 2022) [17]
Do You Need a Solicitor for a Public Liability IRB Claim?
The IRB states that legal representation is not required. In practice, over 90% of claimants engage a solicitor. For public liability claims in particular, the procedural traps are more complex than the IRB's online form suggests.
The risks of self-handling a public liability IRB claim include naming the wrong respondent (the IRB does not verify this), submitting an incomplete application that fails to pause the limitation clock, missing the one-month Section 8 notice window, accepting an assessment below the claim's true value, or rejecting an assessment without understanding the Section 51A costs exposure.
A solicitor can also instruct a consulting engineer to inspect the accident site and produce a report that establishes the defect, identifies the correct liable party, and strengthens the claim before the IRB application is drafted. In public liability claims involving local authority footpaths, supermarket floors, or hotel premises, this early evidence work often determines whether the claim succeeds or fails.
If you've been injured in a public place and need help with your IRB application, assessment decision, or mediation, contact us for a free case assessment. We handle public liability claims from application to resolution. Call 01 903 6408 or request a callback.
Common Questions About Public Liability Claims and the IRB
How long does an IRB public liability claim take?
The statutory target is nine months from respondent consent, but the 2024 average was 11.2 months.
If you opt for mediation (available since May 2024), the average resolution time is approximately three months. If the IRB issues an Authorisation and the claim proceeds to court, expect an additional 18 to 36 months. The average employer and public liability claim took 4.8 years to conclude in 2023. 1
One detail that surprises clients: the 9-month clock starts when the respondent consents, not when you submit your application. The 90-day consent window runs first.
If your claim is time-sensitive, opt for mediation on the IRB application form. Mediated public liability claims resolve in approximately three months.
What is the average IRB award for a public liability claim?
The median public liability award in 2024 was €13,660.
The average award across all categories in H2 2024 was €23,877. Awards vary depending on injury severity and are calculated using the Personal Injuries Guidelines (2021). The Guidelines cover general damages (pain and suffering) only. Special damages (wages, medical expenses) are assessed separately. Every case is assessed on its own facts. 13
These figures represent what the IRB assesses, not necessarily what a claimant ultimately receives. Approximately 50% of assessments are rejected by one or both parties.
See our public liability compensation guide for detailed award brackets by injury type.
Can the IRB handle a public liability claim where fault is disputed?
The traditional assessment track cannot address disputed liability. The mediation service can.
If the occupier or business denies negligence, or argues the claimant was partly at fault, the assessment process stalls. The respondent either refuses consent (triggering an Authorisation) or consents but the assessment ignores the liability question entirely. Mediation (available for public liability since May 2024) lets a trained mediator explore fault, contributory negligence, and quantum through confidential telephone discussions. 2
Between the assessment track and mediation, mediation is the better option when the occupier's main defence is "you should have seen the hazard." Assessment cannot address that argument at all.
See the mediation comparison table for a full breakdown.
What happens if I reject the IRB assessment and go to court?
If the respondent accepted the assessment and you rejected it, Section 51A of the PIAB Act 2003 applies.
If the court awards you the same amount or less than the IRB figure, you cannot recover your own legal costs from the defendant. The court can also order you to pay the respondent's costs from the date you rejected the assessment. For a €15,000 IRB assessment, you would typically need a court award of €28,000 to €35,000 to break even after costs. 12
The financial risk is asymmetric. Accepting costs you nothing extra. Rejecting and losing costs you both sides' legal fees.
Read our post-authorisation guide before rejecting any assessment.
Does the IRB assess psychological injuries in public liability claims?
Yes. The IRB now assesses claims involving PTSD, anxiety, and depression following a public place accident.
The Board previously declined to assess purely psychological injuries under Section 17. This has changed. Claims where the claimant developed a diagnosable psychiatric condition after a fall, an assault in a pub, or an incident in a public space can now be assessed. Complex psychiatric cases requiring extensive expert evidence may still be declined and referred to court. 3
The key factor is whether a definitive psychiatric prognosis can be reached within the 9-15 month assessment window. If the condition is still evolving, the IRB may issue an Authorisation instead.
See our psychological injury claims page for more detail.
I was injured on a footpath. Does the claim go through the IRB?
Yes. A claim against a local authority for a footpath injury follows the same IRB process.
The respondent is the relevant county or city council, usually through IPB Insurance. You must prove misfeasance (negligent repair) rather than nonfeasance (failure to repair) to establish liability. Irish councils have immunity from claims where they simply failed to fix a defect they didn't create. You need evidence of a previous repair attempt that was done negligently. 4
Freedom of Information requests to the council's roads department can reveal prior complaints, maintenance logs, and previous repair records. This evidence often determines whether a footpath claim succeeds.
See our pothole and footpath claim guide for the misfeasance vs nonfeasance test.
What documents do I need for an IRB public liability application?
You need the completed Form A, a Form B medical report from your treating doctor, your PPSN, and the €45 application fee.
The medical report is the most important document. It must describe your injuries, the treatment you received, and your prognosis for recovery. A GP letter or sick note is not accepted. You should also provide receipts and invoices for any special damages (medical expenses, lost earnings, travel costs) before the assessment is made. 3
Allow two to four weeks for your GP to complete the Form B. If you're close to the two-year deadline, this delay can be fatal, as since September 2023 an incomplete application does not pause the clock.
See our evidence guide for what strengthens a public liability claim.
Can a public liability claim be settled without going to the IRB?
Yes, but only if the respondent's insurer offers a direct settlement before you file with the IRB.
Early settlement offers from insurers are common, particularly for straightforward public liability claims where liability is obvious. The risk is that early offers are often made before the full extent of your injuries is known and before you have reached maximum medical improvement. Once accepted, you cannot seek additional compensation later. 3
Insurers represent their own interests. A claims handler may manage hundreds of cases a year. An injured person handles one, with no experience in valuation. This imbalance is why early offers tend to undervalue claims.
Get an independent solicitor's valuation before accepting any offer, whether from the IRB or directly from an insurer.
Related Questions
What is the difference between public liability and employers' liability at the IRB?
Public liability covers injuries to visitors, customers, and members of the public on someone else's premises. Employers' liability covers injuries to employees at work. The IRB process is the same for both, but the duty of care is established under different legislation: the Occupiers' Liability Act 1995 for public liability, and the Safety, Health and Welfare at Work Act 2005 for employers' liability. The correct classification matters because naming the wrong claim type on your application can cause delays. 4
What if the occupier has gone out of business before I file with the IRB?
The claim is against the occupier's public liability insurer, not the business itself. Even if the business has closed, its insurer at the time of the accident remains liable. Your solicitor can identify the insurer through the original incident report, landlord records, or a company search. If the insurer is also insolvent, the Insurance Compensation Fund may apply.
Can I claim through the IRB if I was partly at fault?
Yes. Ireland applies contributory negligence. If you were partly responsible (for example, you were wearing unsuitable footwear or using a phone when you fell), your compensation is reduced by your percentage of fault, but you're not barred from claiming. The IRB assessment does not determine fault percentages. That issue is resolved through mediation or at court. 3
References
- Injuries Resolution Board, Annual Report 2024. Accessed April 2026.
- Gov.ie, Minister Calleary announces IRB mediation for public liability claims (8 May 2024). Accessed April 2026.
- Citizens Information, Injuries Resolution Board. Accessed April 2026.
- Personal Injuries Assessment Board Act 2003. Irish Statute Book.
- Personal Injuries Resolution Board Act 2022. Irish Statute Book.
- Judicial Council, Personal Injuries Guidelines (2021). Accessed April 2026.
- Civil Liability and Courts Act 2004, Section 8. Irish Statute Book.
- Law Society of Ireland, IRB Mediation Service (January 2024). Accessed April 2026.
- IRB Mediation Guide (2024). Accessed April 2026.
- Law Society Gazette, Claims figures stabilising after COVID (July 2025). Accessed April 2026.
- Mason Hayes Curran, Reforms vs Reality (December 2025). Accessed April 2026.
- Personal Injuries Assessment Board Act 2003, Section 51A (Revised). Law Reform Commission.
- IRB, Award Values Report H2 2024. Accessed April 2026.
- Insurance Ireland, Public Liability Claims Report (January 2025). Accessed April 2026.
- Gov.ie, General Scheme of Civil Reform Bill 2025 (January 2026). Accessed April 2026.
- CKT, Personal Injury Law 2025 Review and 2026 Prospects (January 2026). Accessed April 2026.
- Irish Legal News, Wolfe v PIAB [2022] IEHC 370 (June 2022). Accessed April 2026.
Based in Dublin. Serving clients nationwide across Ireland for all personal injury claims. No in-person meetings needed.
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 · Checked
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
