Time Limit for Public Liability Claims 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 •
Summary: The time limit for a public liability claim in Ireland is two years from the date of knowledge, not three years as in England and Wales. The Statute of Limitations (Amendment) Act 1991 1 sets this deadline. A separate one-month notice must be served on the occupier under Section 8 of the Civil Liability and Courts Act 2004 2. Filing a complete application with the Injuries Resolution Board (IRB), formerly PIAB, suspends the clock, but since September 2023 the application must include a medical report. This is general information, not legal advice.
At a glance: Two years from accident or date of knowledge. One month to send Section 8 notice (preserves CCTV and protects costs). IRB application with medical report suspends the clock. Children's clock starts at age 18. Sources: Statute of Limitations (Amendment) Act 1991; Civil Liability and Courts Act 2004, s.8; PIAB Act 2003, s.50.
Quick answers
Two years from accident or date of knowledge in Ireland.
Written letter of claim to occupier within one month.
Yes, if the application is complete (including Form B medical report since September 2023).
Clock does not start until the child's 18th birthday.
No. Ireland is two years. England, Wales and Northern Ireland are three years.
Send Section 8 notice immediately. Get Form B. File IRB application before expiry.
Contents
What is the two-year time limit for a public liability claim in Ireland?
The general time limit to bring a public liability claim in Ireland is two years from the date of the accident or the date of knowledge, whichever is later. Section 3 of the Statute of Limitations (Amendment) Act 1991 1 sets this rule for all personal injury actions, including claims for accidents in shops, hotels, supermarkets, schools, public footpaths, and other premises.
Before March 2005, the time limit was three years. The Civil Liability and Courts Act 2004 2 reduced it to two years for accidents occurring after that date. Unlike in England and Wales, where claimants still have three years under the Limitation Act 1980, Ireland offers no general judicial discretion to extend time once the period expires.
Practitioners often say "two years less one day." The reason: the date of the accident itself counts as day one of the limitation period, so the last day to issue proceedings is the day before the second anniversary, not the anniversary itself. An accident on 1 March 2025 means the final deadline is 28 February 2027.
You don't need to wait until you've recovered. A common misconception delays many public liability claimants: the belief that you must finish medical treatment before contacting a solicitor. You can start the claim process immediately, even while still attending physiotherapy or awaiting specialist appointments. A medical expert can provide a Form B report based on current injuries and prognosis. Waiting for full recovery burns time that cannot be recovered.
Two years sounds generous. It isn't. A public liability claim requires a medical report, an IRB application, and often engineering or technical evidence. Gathering these takes months, not weeks. A detail that catches many claimants off guard: the deadline runs from the accident, not from the day you decide to contact a solicitor.
The Three-Deadline Test for public liability claims
Most guides focus only on the two-year limitation period. In practice, a public liability claim in Ireland involves three separate deadlines running simultaneously. We call this the Three-Deadline Test: a framework covering the CCTV preservation window (7 days), the Section 8 notice (one month), and the limitation period (two years), each with different consequences for missing it.
| Deadline | Time allowed | Source | Consequence of missing it |
|---|---|---|---|
| 1. CCTV preservation request | Within 7 days (practical, not statutory) | DPC CCTV Guidance (2023) 4 | Footage overwritten permanently. Best evidence of the hazard lost. |
| 2. Section 8 notice | One month from accident | Civil Liability and Courts Act 2004, s.8 2 | Mandatory cost penalties, even if you win the case. |
| 3. Limitation period | Two years from date of knowledge | 1991 Act, s.3 1 | Claim permanently barred. No court discretion. |
The Three-Deadline Test explains why waiting even a few weeks after an accident can damage a case that might otherwise succeed. The two-year limit is the last deadline, not the first. The CCTV window and the Section 8 notice come much earlier, and missing either one weakens the claim or increases costs.
One practical step that strengthens all three deadlines: ask the premises to record the accident in their incident log immediately. An entry in the occupier's accident report book creates a contemporaneous record that pins down the date of knowledge and confirms the accident occurred at that location. If the occupier later disputes the claim, this entry is hard to contradict.
Three-Deadline Calculator
Enter your accident date to see the three deadlines that apply to your public liability claim in Ireland. Estimates only. Actual deadlines depend on the specific facts of your case.
Disclaimer: This calculator provides general estimates based on standard limitation rules. It does not account for Section 50 suspension (IRB applications), date-of-knowledge exceptions, mental incapacity, fraud or concealment, or any other individual circumstances. It is not legal advice. Consult a solicitor to confirm the deadlines that apply to your specific situation.
Am I still within time?
Answer a few questions to get an initial indication of whether your public liability claim may still be within the time limit. This is general guidance only, not legal advice.
Disclaimer: This tool provides a general indication only. It cannot account for all exceptions (date of knowledge, estoppel, fraud, concealment, disability). The result is not legal advice. Consult a solicitor to confirm your position.
Why does the one-month Section 8 notice matter?
A claimant in Ireland must serve a written "letter of claim" on the occupier within one month of the accident, under Section 8 of the Civil Liability and Courts Act 2004 2. Until January 2019, this window was two months. The Central Bank (National Claims Information Database) Act 2018 3 shortened it to one month.
The reason for the change matters for public liability claimants specifically. The Department of Finance recommended aligning the notice period with standard CCTV retention cycles. Most commercial premises, including supermarkets, hotels, and shopping centres, overwrite surveillance footage within 14 to 30 days. The Data Protection Commission's CCTV Guidance (2023) 4 confirms that around 30 days is a common retention period. Sending the Section 8 notice early forces the occupier to preserve that footage.
Cost penalty warning: The 2019 amendment changed "may" to "shall" in the legislation. If you miss the one-month notice without reasonable cause, the court must draw adverse inferences and must consider penalising your costs. You could win the case and still face significant financial penalties. Source: Law Society of Ireland 5.
CCTV footage showing a wet floor, a trip hazard, or the absence of warning signs is often the strongest piece of evidence in a slip, trip, and fall claim. Without the Section 8 notice, that evidence may be overwritten before anyone asks for it. A separate GDPR Subject Access Request for the footage itself, sent at the same time, adds a second layer of protection.
When does the clock start? Date of knowledge in public liability cases
The two-year clock starts on the date of knowledge, not automatically on the accident date. Under Section 2 of the 1991 Act 1, the date of knowledge is the date when the injured person first knew (or ought reasonably to have known) four things:
| Element | What you must have known | Public liability example |
|---|---|---|
| 1. Injury occurred | You became aware you were injured | Immediate pain after slipping on a wet floor in a supermarket |
| 2. Injury was significant | Serious enough to justify legal action | Fracture diagnosed after what seemed like a minor trip on an uneven footpath |
| 3. Caused by negligence | Attributable to another party's act or omission | Medical opinion linking delayed back pain to the original fall in a hotel lobby |
| 4. Identity of defendant | You knew (or could reasonably discover) who was responsible | Identifying whether the council, developer, or management company maintained the footpath |
For most public liability accidents in Ireland, the accident date and date of knowledge are identical. You slip on a wet floor, break a wrist, and know immediately. The date-of-knowledge rule matters in delayed-onset cases: a minor fall that later develops into complex regional pain syndrome, or a trip on a premises defect where the occupier's identity isn't immediately clear.
The test is primarily subjective (what did this particular claimant actually know?), with an objective backstop (what should a reasonable person have discovered?). The High Court in Whitely v Minister for Defence confirmed that Ireland's test differs from the English equivalent, which defines "significant" more rigidly. Source: Lawyer.ie 6.
An important distinction: the date of knowledge means knowledge of the injury, not knowledge of legal rights. A person who knew they were hurt but didn't know they could sue is not protected by the date-of-knowledge rule. Ignorance of the law does not extend the limitation period in Ireland.
When does the clock start in common public liability scenarios?
| Scenario | Date of knowledge | Why |
|---|---|---|
| Slip on wet floor in a supermarket, wrist fracture | Accident date | Injury, cause, and occupier all known immediately |
| Trip on uneven footpath, back pain develops weeks later | Date of medical diagnosis linking pain to the fall | Injury significance not apparent until later |
| Child aged 6 falls from playground equipment | Child's 18th birthday | Minor exception: clock paused until majority |
| Fall in apartment complex common area, occupier unclear | Date the correct occupier (landlord, management company, or developer) is identified | Element 4: identity of defendant not yet known |
| Head injury causes coma lasting 8 months | Date capacity is regained | Disability exception: clock paused while "under a disability" |
How does an IRB application stop the clock?
Submitting a complete application to the Injuries Resolution Board (IRB) suspends the two-year limitation period in Ireland. Section 50 of the PIAB Act 2003 7 provides that the time between submission and six months after the IRB issues an authorisation is disregarded when calculating the deadline.
In practical terms: the clock stops when the IRB acknowledges a complete application. The clock restarts six months after the IRB issues its authorisation (when the respondent rejects the assessment or the process concludes without agreement). Whatever time remained on the two-year period before the application was filed carries forward. Unlike in England and Wales, where no equivalent mandatory assessment body exists, Irish claimants must route through the IRB before court proceedings can begin.
Case: Renehan v T&S Taverns [2015] IESC 8
Holding: A valid PIAB application stops the limitation clock for the cause of action, even if the specific respondent named turns out to be wrong.
Why it matters: If you name the wrong party initially, the clock still stops from the date of your original application, not from the date you correct the respondent.
What changed in September 2023 for IRB applications?
The Personal Injuries Resolution Board Act 2022 8 introduced strict validation rules for IRB applications in Ireland, effective 4 September 2023. An application is not "complete" for Section 50 purposes unless it includes the claimant's PPSN, the claimant's signature, and a completed treating medical report (Form B).
The Section 50 trap: Before September 2023, solicitors could lodge a skeletal application near the deadline and submit the medical report later. The IRB would issue a Section 50 acknowledgement, stopping the clock. That practice no longer works. An application submitted without the Form B medical report is not deemed complete. The clock keeps running. Source: Lacey Solicitors 9; gov.ie (Sept 2023) 10.
The timing matters more than most guides suggest: getting a medical report can take weeks or months depending on GP and specialist availability. If you're approaching the two-year deadline and don't yet have a Form B, the limitation period will not be suspended, no matter how quickly you file the application form itself. The Three-Deadline Test applies here too: acting early on the Section 8 notice and CCTV request buys time for the medical report.
One detail that catches practitioners off guard: if information is missing from the application, the IRB gives 28 days to supply it. If the missing documents arrive within that window, the application becomes complete. However, the effective date for Section 50 purposes is the date the last piece of information is received, not the original filing date. A claimant who files on day 729 of the two-year period and provides the medical report on day 745 may find the clock was never stopped. Source: Lacey Solicitors 9.
Worked timeline: how the maths actually works
Section 50 calculations confuse even experienced practitioners. Here is a step-by-step example using a public liability slip-and-fall claim in Ireland.
| Step | Date | What happens | Limitation clock |
|---|---|---|---|
| 1 | 1 March 2025 | Claimant slips on a wet floor in a Dublin hotel. Two-year clock starts. | Running (24 months remain) |
| 2 | 15 March 2025 | Section 8 notice sent to the hotel within one month. | Running (23.5 months remain) |
| 3 | 1 September 2025 | Complete IRB application filed (including Form B medical report). IRB acknowledges receipt. | Suspended (6 months used, 18 months remain) |
| 4 | 1 May 2026 | IRB issues authorisation (respondent rejects assessment). | Still suspended (6-month post-authorisation period begins) |
| 5 | 1 November 2026 | Six months after authorisation expires. | Resumes (18 months remain from step 3) |
| 6 | 1 May 2028 | Limitation period expires. Proceedings must issue before this date. | Expired |
Without the IRB application, the hard deadline would have been 28 February 2027. With the complete IRB application, the effective deadline extends to 1 May 2028. The Section 50 suspension adds the entire assessment period plus six months, but only if the application was genuinely complete when filed. Source: Citizens Information (Updated 2025) 17.
What happens if you name the wrong defendant?
Public liability claims in Ireland are different from road traffic accidents in one critical way: identifying the correct defendant is often harder than proving the accident happened. The occupier of a premises might be the landlord, the management company, a tenant, a franchisee, or a local authority, and the IRB will not tell you which one to name.
One aspect the official guidance doesn't cover: if you name the wrong respondent in the IRB application, and the correct defendant is only identified after the two-year period has expired, your claim against the correct party may be time-barred. The PIAB (Amendment) Act 2019 12 partially addressed this by amending Section 50 so that when a further respondent is added to an existing application, the clock stops for that respondent from the date of addition, not from the original application date.
A common scenario: you trip on a broken footpath in a housing estate and name the local council. The council argues it never "took the estate in charge" and the developer is responsible. By the time you redirect the claim, months have passed. Getting the respondent right from the start is one of the strongest arguments for instructing a solicitor immediately after the accident.
What are the time limits for children injured in public places?
The two-year limitation period does not run against a child in Ireland. Under Section 5 of the 1991 Act 1, the clock is paused until the minor's 18th birthday. A child injured at age 10 in a playground accident has until the day before their 20th birthday to issue proceedings independently.
A parent or guardian can bring the claim earlier by acting as the child's "next friend." Waiting until the child turns 18 is legally permitted but practically risky. Witnesses' memories fade. CCTV is deleted within weeks. Premises are renovated. The physical evidence of the hazard may be gone within months, let alone years. For child public liability claims, early action preserves the evidence that makes the claim viable. The Three-Deadline Test applies with equal force to children's claims: the CCTV and Section 8 deadlines don't wait for the child to turn 18.
Do different rules apply for mental incapacity?
The limitation period does not run while a claimant is "under a disability" in Ireland, meaning they are either a minor or of unsound mind. Section 5 of the 1991 Act 1 provides this protection. If a person suffers a severe head injury in a public place that leaves them unable to manage their affairs, the two-year clock does not start until capacity is regained, or pauses if already running.
A person is conclusively presumed to be of unsound mind if detained under mental health legislation or following an acquittal by reason of insanity. In other cases, capacity is assessed on the facts. This is not the same as being distressed, in pain, or occupied with recovery. The threshold for "unsound mind" is high. Source: Lawyer.ie 6.
Can the defendant be stopped from raising the time limit as a defence?
Yes, in limited circumstances under Irish law. Under the legal principle of estoppel, a defendant (or their insurer) can be prevented from relying on the limitation defence if their conduct misled the claimant into believing the deadline would not be enforced.
Case: Murphy v Grealish [2009] IESC 9
Holding: The Supreme Court ruled that a defendant's insurer was estopped from raising the statute of limitations where the insurer had admitted liability and engaged in settlement negotiations after the limitation period expired.
Why it matters: If an insurer's conduct creates a reasonable expectation that the time limit will not be raised, the defendant cannot later rely on it.
Source: Lacey Solicitors 13
The High Court applied the same principle in Tsiu v Campbell Catering Ltd T/A Aramark Ireland, where the insurer admitted liability, requested medical reports, and discussed settlement, then attempted to raise the statute of limitations. The court estopped the defendant from doing so. Estoppel is a safety net, not a strategy. Never rely on it as a substitute for filing within time.
Why is filing on time not enough?
A common misconception: once proceedings are issued within the two-year window, time pressure disappears. The Supreme Court's 2025 decision in Kirwan v Connors & Ors [2025] IESC 21 changed the position under Irish law. The court established a strict sliding scale for evaluating delay after proceedings are filed. Source: William Fry 14.
| Period of inactivity | Consequence under Kirwan |
|---|---|
| Over 2 years cumulative | Automatic presumption of prejudice in the defendant's favour |
| Over 4 to 5 years cumulative | Dismissal almost inevitable unless the claimant shows an exceptional reason |
The Kirwan ruling replaced the older Primor test, which required defendants to prove specific evidential loss. The new test is harsher on claimants. Even a perfectly timed IRB application and authorisation won't save a claim that then sits inactive for years. Subsequent High Court decisions in 2025 and 2026 confirmed the Kirwan criteria apply across personal injury cases in Ireland. Source: Kennedys Law 15.
Local authority claims: why evidence disappears fast
Public liability claims against local authorities in Ireland carry an extra urgency. Under Irish law, councils are generally immune from liability for nonfeasance (failing to repair a deteriorating road or footpath). Liability only arises for misfeasance (a negligent act of repair, poor design, or a botched intervention that created the hazard).
The difference between nonfeasance and misfeasance depends on physical evidence at the accident site: the presence of fresh tarmac, signs of recent works, loose paving stones from a council reinstatement. The council may repair the site shortly after the accident, removing that evidence. Photographs with measurements, taken immediately after the fall, can determine whether a claim survives or fails. The Three-Deadline Test is especially critical here: a GDPR Subject Access Request for council maintenance logs should be sent within the first week. Source: Pothole claims guide 16.
Ireland vs UK: the three-year confusion
Several UK-based pages rank in Google.ie for public liability time limit searches. They state a three-year limitation period under the Limitation Act 1980. That is the English and Welsh rule. It does not apply in Ireland.
| Jurisdiction | Time limit | Governing law |
|---|---|---|
| Republic of Ireland | 2 years (from date of knowledge) | Statute of Limitations (Amendment) Act 1991 |
| Northern Ireland | 3 years | Limitation (Northern Ireland) Order 1989 |
| England & Wales | 3 years | Limitation Act 1980 |
If you were injured in Ireland, Irish rules apply regardless of where you live. A tourist from the UK has two years under Irish law, not three. Relying on UK guidance could mean missing your actual deadline by a full year. Source: Citizens Information 17.
Fatal accident claims: a different limitation framework
When a public liability accident is fatal, dependency claims by the deceased's dependants are governed by Part IV of the Civil Liability Act 1961 18. The limitation period for a fatal injury claim is two years from the date of death, not from the accident date. Where death is delayed, this distinction matters. The Three-Deadline Test still applies to the surviving dependants: the Section 8 notice and CCTV request should be sent promptly, even while the family is grieving.
What should you do if your deadline is approaching?
If you're close to the two-year mark in Ireland, specific steps can still protect the claim:
| Action | Why it matters | Timing |
|---|---|---|
| Send the Section 8 notice immediately | Preserves CCTV, avoids mandatory cost penalties | Within hours if possible |
| Obtain a Form B medical report | Required for a "complete" IRB application since September 2023 | Book urgently. GP reports can take 2 to 4 weeks |
| File a complete IRB application | Suspends the limitation clock under Section 50 | Before the two-year deadline expires |
| If the deadline has already passed | Check whether estoppel, date-of-knowledge, or minor exceptions apply | Immediately. Some routes may still be open. |
| If your previous solicitor missed the deadline | A professional negligence claim against them may be an option | Seek independent advice without delay |
Between assessment and settlement, the sticking point is usually the medical report. Even with days remaining, a solicitor can often issue the Section 8 notice within 24 hours and arrange an emergency medical appointment for the Form B. The window is narrow but not always closed.
Common questions
How long do I have to make a public liability claim in Ireland?
Two years from the date of the accident or the date of knowledge, under the Statute of Limitations (Amendment) Act 1991. A separate one-month deadline applies for the Section 8 written notice to the occupier.
The two-year period runs from when you knew (or should have known) about the injury, its significance, its cause, and the defendant's identity. For most public liability accidents, this date is the accident date itself. Delayed-onset injuries may extend the starting point.
From handling these cases: The biggest risk isn't the two-year deadline itself. It's the CCTV being deleted before anyone thinks to request it.
Next step: Send a Section 8 notice and CCTV preservation request immediately. Source: 1
Does filing with the IRB stop the clock on my time limit?
Yes, but only if the application is complete. Since September 2023, a complete application must include a medical report (Form B), PPSN, and signature.
An incomplete application does not activate the Section 50 suspension. The limitation period continues to run. Before September 2023, the IRB accepted skeletal applications and allowed documents to follow. That changed with the Personal Injuries Resolution Board Act 2022.
What the timeline estimates don't account for: Getting the Form B can take weeks, depending on GP availability. Start the medical report process months before your deadline, not days.
Next step: Book a GP appointment for the Form B immediately. Source: 7
What is a Section 8 notice and do I need one?
Section 8 of the Civil Liability and Courts Act 2004 requires you to send a written letter of claim to the occupier within one month of the accident.
Missing this deadline without reasonable cause triggers mandatory cost penalties from the court, even if you win the case. The 2019 amendment removed the court's discretion: penalties are now automatic. The notice also serves to preserve CCTV evidence, which is typically overwritten within 14 to 30 days.
A detail that catches many claimants off guard: Reasonable excuses for delay exist (hospitalisation, difficulty identifying the occupier), but ignorance of the law is not accepted.
Next step: Issue the letter by registered post within the first week after the accident. Source: 2
What is the time limit for a child injured in a public place?
The two-year limitation period does not start until the child's 18th birthday. A parent or guardian can bring the claim earlier as the child's "next friend."
Waiting until 18 is legally permitted but practically risky. Evidence quality deteriorates every year: witnesses move away, CCTV is long deleted, premises are refurbished, and the physical hazard may be repaired. Acting promptly as "next friend" gives the claim the strongest evidence base.
One detail that surprises clients: A claim brought at age 8, with fresh evidence, is typically stronger than one brought at 19 from memory alone.
Next step: Read the child public liability claims guide. Source: 17
Can I still claim if the two-year deadline has passed?
Generally, no. A claim brought after the limitation period is statute-barred in Ireland.
Exceptions exist for minors, persons with a mental incapacity, cases involving deliberate concealment by the defendant, and situations where the defendant's conduct created an estoppel. The court has no general discretion to extend time for other reasons. If your solicitor missed the deadline, a professional negligence claim against them may be available. That claim has its own separate limitation period.
The difference between assessment and acceptance often comes down to: whether the claimant can show they fall within one of the specific statutory exceptions, not just that it would be "fair" to extend time.
Next step: Seek independent legal advice immediately to check whether any exception applies.
Is the time limit three years in Ireland?
No. The three-year limit applies in England, Wales, and Northern Ireland. In the Republic of Ireland, the limit is two years.
UK-based websites ranking for Irish queries frequently state three years under the Limitation Act 1980. Following that advice in Ireland could mean missing the real deadline by 12 months. The difference is not academic: a claimant who waits 30 months, believing the UK timeframe applies, will find their Irish claim permanently barred.
In practice: Cross-border confusion is most common among tourists injured in Ireland and Irish residents who first read UK websites.
Next step: Confirm you're reading Ireland-specific guidance. Check for references to the Statute of Limitations 1991 (Ireland), not the Limitation Act 1980 (UK).
Does contributory negligence affect the time limit?
No. The two-year limitation period applies regardless of whether the claimant was partly at fault.
Under Section 34 of the Civil Liability Act 1961 18, contributory negligence reduces the amount of compensation but does not bar the claim entirely. The time limit is the same whether fault is disputed or not. The assessment of contributory negligence happens during the claim, not before.
From handling these cases: Many people delay contacting a solicitor because they think being partly at fault means they can't claim. That delay consumes time they can't recover.
Next step: Don't let uncertainty about fault stop you from protecting the deadline.
What is the time limit after a fatal public liability accident?
Dependency claims by the deceased's family have a two-year time limit from the date of death, not from the accident date.
Fatal injury claims are brought under Part IV of the Civil Liability Act 1961. The dependants (typically a spouse, children, or parents) bring the claim, not the deceased's estate. Where death occurs some time after the accident, the limitation period for the dependency claim begins on the date of death. A separate claim by the estate for the deceased's pain and suffering before death runs from the accident date.
One aspect the official guidance doesn't cover: The Section 8 notice and CCTV preservation request should be sent immediately after the accident, not after the death. Waiting can destroy evidence the family will need later.
Next step: Seek specialist legal advice without delay. Source: 18
What if my solicitor missed the time limit?
If a solicitor's failure to issue proceedings caused you to lose a valid claim, you may have a professional negligence claim against that solicitor.
A professional negligence claim is a separate legal action with its own limitation period (typically six years from the negligent act). You would need to show that the underlying claim had a reasonable prospect of success and that the solicitor's error caused the loss. Engage a different solicitor to assess this independently.
In practice: These claims require proving both the solicitor's negligence and the value of the lost underlying claim, which makes them complex but not impossible.
Next step: Contact a solicitor who was not involved in the original case for an independent assessment.
How do I preserve CCTV footage before it's deleted?
Submit a GDPR Subject Access Request to the premises occupier within the first week after the accident.
Under GDPR (as applied in Ireland through the Data Protection Act 2018 19), the occupier must respond to a Subject Access Request within one month. The DPC's CCTV guidance confirms that many businesses retain footage for approximately 30 days. A written GDPR request, combined with the Section 8 letter of claim, creates a legal obligation to preserve the footage. Without both, the recording may be overwritten before you or your solicitor see it.
The timing matters more than most guides suggest: Seven days is the practical window for CCTV. Thirty days is the legal maximum for most retention. After that, the footage is gone.
Next step: Send the GDPR SAR and Section 8 notice together, by registered post. Source: 4
Does the time limit apply if the occupier destroyed evidence or concealed the hazard?
The limitation period may be extended where the defendant deliberately concealed facts giving rise to the claim.
Under Section 71 of the Statute of Limitations 1957 20, where a defendant has deliberately concealed relevant facts, the clock does not start until the claimant discovers (or could reasonably have discovered) the concealment. In a public liability context, this could include an occupier who deletes CCTV footage, falsifies cleaning logs, or covers up a known structural defect after the accident.
In practice: Proving deliberate concealment is difficult. The threshold is high: the concealment must be intentional, not merely negligent record-keeping. Preserving your own evidence (photographs, GDPR requests) early reduces dependence on this exception.
Next step: If you suspect evidence has been destroyed, raise it with your solicitor immediately.
Is the time limit different for property damaged in a public liability accident?
Yes. Property damage claims (broken phone, glasses, clothing) have a six-year limitation period under general tort rules, not two years.
The two-year rule applies only to personal injury. If your belongings were damaged in the same accident that caused your injury, the property element has a separate, longer deadline under Section 11 of the Statute of Limitations 1957 20. However, both claims are typically pursued together, so acting within the two-year personal injury deadline captures both.
From handling these cases: Clients occasionally discover after the two-year injury deadline that they can still claim for the ruined coat or broken watch. The property claim survives even when the injury claim is barred.
Next step: Keep receipts and photographs of damaged items from the accident.
What to consider next
After protecting your deadline, what comes next in a public liability claim?
Once the Section 8 notice is sent and the IRB application is filed, the claim moves to the assessment stage. The IRB will evaluate your injuries using the Personal Injuries Guidelines (2021) and either issue an award or authorise court proceedings. For a full walkthrough of each stage, see how to make a public liability claim in Ireland.
How is compensation calculated in a public liability case?
Compensation in Irish public liability cases combines general damages (pain, suffering, loss of amenity) assessed under the Personal Injuries Guidelines, and special damages (medical expenses, loss of earnings, travel costs). The amount depends on injury severity, recovery time, and prognosis. For detailed breakdowns, see public liability compensation in Ireland.
What evidence do I need for a public liability claim?
CCTV footage, photographs of the hazard, witness details, an accident report entry, maintenance or cleaning logs from the premises, and a medical report. The type of evidence needed for public liability claims depends on the accident type and location.
References
- Statute of Limitations (Amendment) Act 1991 (Irish Statute Book)
- Civil Liability and Courts Act 2004, Section 8 (Revised) (Law Reform Commission)
- Central Bank (National Claims Information Database) Act 2018 (Irish Statute Book)
- CCTV Guidance for Data Controllers (November 2023) (Data Protection Commission)
- PI Actions: Changes to Civil Liability and Courts Act 2004 (Law Society of Ireland)
- Time Limits for Claims or Actions (Lawyer.ie)
- Personal Injuries Assessment Board Act 2003, Section 50 (Irish Statute Book)
- Personal Injuries Resolution Board Act 2022 (Irish Statute Book)
- Limitation Periods in Personal Injury Actions in Ireland (Lacey Solicitors)
- Minister Calleary announces commencement of PIRB Act 2022, Phase 2 (gov.ie, September 2023)
- IRB Forms and Guides (Injuries Resolution Board)
- Personal Injuries Assessment Board (Amendment) Act 2019 (Irish Statute Book)
- Understanding Limitation Periods: Estoppel and Case Law (Lacey Solicitors)
- High Court Clarifies Law on Dismissal for Delay (William Fry)
- High Court confirms Kirwan criteria for cumulative inactivity (Kennedys Law, 2026)
- Pothole Claim Ireland: Council Liability, Misfeasance & How to Claim (Gary Matthews Solicitors)
- Injuries Resolution Board (Citizens Information)
- Civil Liability Act 1961 (Irish Statute Book)
- Data Protection Act 2018 (Irish Statute Book)
- Statute of Limitations Act 1957 (Irish Statute Book)
Related guides in the public liability cluster
| Topic | Guide |
|---|---|
| How to start a claim | How to make a public liability claim in Ireland |
| What evidence you need | Evidence for public liability claims |
| The IRB process | Public liability claims through the IRB |
| Compensation amounts | Public liability compensation in Ireland |
| Supermarket accidents | Supermarket accident claims |
| Hotel accidents | Hotel accident claims in Ireland |
| School accidents | School accident claims in Ireland |
| Speak to a solicitor | Public liability solicitor Dublin |
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. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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
