Falling Object Injury 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 •
A falling object injury claim in Ireland is a public liability claim you bring when an item falls from shelving, fixtures, or overhead storage and injures you in a shop, supermarket, hotel, or other premises open to the public.
Under Section 3 of the Occupiers' Liability Act 1995 (Revised 2024) [1], the occupier owes you a duty to take reasonable care to prevent dangers arising from the state of their premises. The IRB's Award Values Report for H1 2024 [2] confirms the highest public liability award that period (€174,719) went to a claimant who was hit by a falling object. A Dublin solicitor experienced in occupier claims can advise whether your accident supports a claim and handle the full IRB process on your behalf.
In short
What's new (2023–2026): The Courts and Civil Law (Miscellaneous Provisions) Act 2023 amended the Occupiers' Liability Act 1995 with five new factors courts must weigh when assessing occupier liability, plus a new voluntary assumption of risk defence (Section 5A). The IRB has offered mediation for public liability claims since May 2024, and expanded mediation to motor liability claims in December 2024. Draft amendments to the Personal Injuries Guidelines proposing a 16.7% uplift were submitted to the Minister for Justice in February 2025, but the Government signalled in July 2025 that it would not seek Oireachtas approval. The original 2021 brackets remain in force.
What is a falling object injury claim?
A falling object injury claim in Ireland is a personal injury claim brought when a person is struck by an unsecured, improperly stacked, or structurally unstable item that falls from shelving, displays, overhead storage, building fixtures, or racking in premises open to the public. The claim sits within the public liability category — not employer liability — when the injured person is a visitor, customer, or member of the public rather than an employee.
The legal foundation is the Occupiers' Liability Act 19951, which imposes a "common duty of care" on any person who controls premises. Under Section 3 of that Act, an occupier in Ireland must take reasonable care to ensure that a visitor does not suffer injury or damage by reason of any danger existing on the premises. To succeed, you need to show the occupier failed to meet that standard, and that failure caused your injury.
Falling object claims are NOT the same as slip, trip, and fall claims. The hazard comes from above rather than underfoot, the evidence trail is different (stock management records and shelving inspection logs matter more than cleaning schedules), and the injury profile tends to be more severe — head injuries, fractures, and concussions are common when heavy items strike from height. The next question most claimants ask is: who exactly is liable?
Who is liable when a falling object injures you in Ireland?
The occupier of the premises is usually liable when a falling object injures a visitor. Under Section 3 of the Occupiers' Liability Act 19951, the occupier must take such care as is reasonable in all the circumstances to ensure a visitor does not suffer injury by reason of any danger existing on the premises.
An "occupier" is any person who controls the premises — not necessarily the owner. In a supermarket, that is typically the retailer. In a shopping centre, it may be the management company (for common areas) or the individual shop lessee (for the retail unit). Lease agreements and service contracts often determine which party had the maintenance duty for the specific area where the object fell.
Liability depends on whether the fallen object represents what Irish courts call an "unusual danger." In Lavin v Dublin Airport Authority [2016] IECA 268, the Court of Appeal distinguished between "usual" dangers (risks a visitor should be capable of avoiding through ordinary care) and "unusual" dangers (risks caused by defects or maintenance failures the occupier should prevent). An improperly stacked shelf that collapses onto a customer is an unusual danger. A freestanding item at eye level that a customer deliberately pulls and drops is not.
One detail that catches many claimants off guard: if another customer knocked the item off a shelf moments before it struck you, the occupier may argue they had no reasonable time to identify and address the hazard. However, if the item was improperly stacked by staff, or the shelving lacked structural integrity, liability attaches to the occupier regardless of who triggered the fall.
How the timing of "notice" affects liability
Falling object claims often turn on whether the occupier had "constructive knowledge" of the danger — meaning they should have known about it even if they didn't actually know. The timing of the hazard is critical, and three distinct patterns arise in practice:
- Staff-created hazard (strongest case): If the occupier's own employees stacked the items unsafely, loaded a shelf beyond its capacity, or failed to secure a fixture during installation, the occupier has direct knowledge from the outset. There is no "notice" argument to make — the occupier caused the danger.
- Hazard present for a period (strong case): If CCTV or witness evidence shows an unstable display or leaning stack was visible for 15, 30, or 60 minutes before the fall, the occupier's case weakens with every passing minute. A reasonable inspection system should have identified and addressed the risk within a reasonable time.
- Third-party triggered seconds before impact (weakest case): If another customer destabilised a properly stacked shelf and the object fell immediately, the occupier had no reasonable opportunity to intervene. However, if the shelf was stacked in a way that a foreseeable customer interaction (browsing, reaching) could trigger a fall, that design flaw returns liability to the occupier.
The HSA's own published guidance on falling objects14 confirms that the risk of objects falling is a well-documented, foreseeable hazard that requires active management — not merely a reaction after the fact.
How the 2023 law changes affect falling object claims
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 rewrote the rules on occupier liability, and these changes directly affect how falling object claims are assessed in Ireland. The 2023 Act amended Section 3 of the 1995 Act by inserting a new subsection 3(1A), which lists specific factors courts must now consider when deciding whether an occupier met their duty of care3.
Those factors are:
- The probability of a danger existing on the premises
- The probability of an injury occurring from that danger
- The probable severity of any resulting injury
- The practicability and cost of precautions or preventative measures
- The social utility of the activity that gives rise to the risk
For a falling object claim, this means the court will weigh whether the occupier's stacking, shelving, or display practices created a foreseeable danger — and whether preventing the hazard (securing items, lowering stock heights, installing guards) would have been practical and affordable relative to the risk.
| Factor | Overstocked supermarket shelf | Unsecured ceiling signage |
|---|---|---|
| Probability of danger | High — items stacked above safe load or above recommended height are inherently unstable | Moderate — depends on installation quality, age, and environmental factors |
| Probability of injury | High — customers browse directly below shelves throughout trading hours | Moderate — signage is above foot traffic but falling impact can be severe |
| Severity of injury | Moderate to severe — heavy products from height cause head injuries, fractures | Severe — rigid signage from ceiling height causes significant head and facial trauma |
| Cost of precautions | Low — restacking to safe heights, regular shelf inspections, staff training | Low — periodic inspection of fastenings, scheduled maintenance checks |
| Social utility | Minimal — overstocking serves commercial convenience, not public benefit | Low — signage serves wayfinding but can be secured without reducing function |
New defence: voluntary assumption of risk. The 2023 Act also inserted Section 5A into the 1995 Act. If you willingly accepted a risk you were capable of understanding — for example, reaching into an obviously unstable display despite visible warnings — the occupier may owe you no duty at all. Acceptance can be inferred from your conduct, without any written agreement. This is a significant shift from previous law, where waivers were generally considered ineffective.
What evidence proves a falling object injury claim?
The evidence that wins a falling object claim in Ireland differs from a typical slip-and-fall case. Where slip claims rely on cleaning schedules and floor inspection records, falling object claims turn on stock management records, shelving condition, and overhead storage practices. A solicitor handling your claim will look for evidence that the occupier failed to maintain safe storage conditions — not just that an object happened to fall.
Evidence checklist for falling object claims
- Photographs: The fallen object, the shelf or fixture it fell from, the immediate area, product labels showing weight, and your visible injuries — taken at the scene before anything is moved
- CCTV footage: Request preservation in writing immediately. Many businesses overwrite footage within 7–30 days. The DPC CCTV Guidance (November 2023) [7] notes that roughly 30 days can be a reasonable retention period
- Accident report book: Insist on an entry. Record the duty manager's name, time, and what you reported. Keep a copy or photograph the entry
- Stock management and delivery records: These can show whether staff followed stacking protocols, exceeded maximum shelf loads, or placed heavy items above recommended heights
- Shelving inspection logs: Premises are expected to maintain records of structural inspections for racking and display units. If no system existed, that absence is itself evidence of negligence
- Witness statements: Names and contact details of anyone who saw the object fall, the state of the shelf beforehand, or the immediate aftermath
- Medical records: Attend A&E or your GP on the same day. The medical record must link your injury to the incident. Delayed attendance weakens this connection
Practical insight: The most critical evidence is often the premises' own stock management and shelving inspection records — not the CCTV. CCTV shows the moment of impact, but inspection logs reveal whether the occupier had any system in place to prevent the hazard. If there was no inspection system, or staff did not follow it, that is the strongest proof of breach of duty.
Shelving and racking standards your solicitor will investigate
In retail and warehouse premises open to the public, shelving and racking systems are subject to specific safety standards that most claimants don't know exist. The HSA references the HSA Warehousing Safety Guidance (Updated 2025) [14] and the European standard IS EN 15635, which require that racking systems are inspected at least annually by a technically competent person, that safe load notices are displayed on every racking bay, that heavy items are stored at lower levels, and that any damage to uprights or beams is reported and repaired promptly.
A solicitor experienced in falling object claims will request the premises' racking inspection reports, safe load capacity markings, and any damage logs. If the occupier cannot produce inspection records, or if the racking was overloaded beyond its marked capacity, that gap becomes powerful evidence of a breach of the duty of care under Section 3 of the 1995 Act.
In supermarkets specifically, a detail most guides overlook: retail chains use planograms — detailed diagrams specifying which products go on which shelf, at which height, and in what quantity. Non-compliance with the store's own planogram (for example, placing heavy tinned goods above recommended shelf height) can demonstrate that the stacking system the occupier had in place was not followed by staff. Your solicitor can request these records through the discovery process.
Track your evidence (interactive checklist)
Tick off each item as you secure it. This helps you see what you have and what to prioritise next.
Where do falling object accidents happen?
Falling object injuries occur across a wide range of Irish premises, not just construction sites. When the injured person is a visitor rather than a worker, the claim is a public liability claim under the Occupiers' Liability Act 1995.
| Location | Common cause | Likely liable party | Key evidence |
|---|---|---|---|
| Supermarket | Overstocked shelves, heavy items placed at height, loose stock on top shelves | Retailer (occupier) | Stock rotation records, planogram compliance, CCTV, shelf inspection logs |
| Retail shop | Unsecured display units, falling signage, items stacked above safe height | Shop owner or lessee | Display installation records, risk assessments, health and safety file |
| Shopping centre | Ceiling fixtures, loose panels, common-area signage, seasonal decorations | Management company (common areas) or lessee (unit interior) | Lease/service contracts, maintenance schedules, contractor records |
| Hotel | Bathroom fittings, wall-mounted items, overhead luggage storage | Hotel operator | Maintenance logs, guest complaint records, room inspection checklists |
| Warehouse open to public (bulk retail) | Pallet racking collapse, items falling from height during restocking | Warehouse operator | Racking inspection reports, HSA compliance records, safe load markings |
Public liability or employer liability: which applies?
Falling object claims can be public liability or employer liability, and the legal basis is different for each. The answer depends on who you are — a visitor or a worker — not where the accident happened.
If you were a customer, guest, or member of the public when the object fell, your claim is a public liability claim under the Occupiers' Liability Act 1995. The occupier of the premises is the defendant.
If you were an employee working at the time, your claim is an employer liability claim under the Safety, Health and Welfare at Work Act 2005 (HSA Guide) [8]. Your employer is the defendant. The 2005 Act requires employers to provide a safe place of work and to assess risks — including the risk of objects falling. The General Application Regulations 2007 (Revised 2024) [9] specifically state that where there is a risk of employees or objects falling, the area must be "equipped, as far as possible, with devices preventing unauthorised employees from entering those areas."
The distinction matters because the evidence, the defendants, and the legal tests are different. A public liability claim focuses on the occupier's duty under the 1995 Act. An employer liability claim focuses on the employer's statutory duties under the 2005 Act and the General Application Regulations.
How does the IRB process work for a falling object claim?
All personal injury claims in Ireland (except medical negligence) must be submitted to the Injuries Resolution Board5 before court proceedings can begin. The IRB assesses compensation and tries to resolve the claim without litigation.
To apply, you submit an IRB application form with your PPSN (or valid ID if you don't have a PPSN), a description of the incident, and supporting medical evidence. The respondent (the premises occupier or their insurer) has 90 days to consent to the IRB assessment. If they consent, most claims are assessed within 9 months from consent.
The Personal Injuries Resolution Board Act 2022 (December 2022) [10] introduced two changes relevant to falling object claims. First, the IRB now offers mediation as an alternative to formal assessment — available for public liability claims since May 2024. Second, where a long-term prognosis is uncertain (common with head injuries from falling objects), the IRB can retain the claim for up to two additional years with both parties' consent, so the full extent of the injury is known before assessment.
If the respondent does not consent to IRB assessment, or if you reject the IRB's award, the IRB issues an Authorisation allowing you to proceed to court.
How long does a falling object claim take?
| Scenario | Typical range | What affects it |
|---|---|---|
| Minor injury, liability accepted by insurer | 7–12 months | Medical recovery, IRB processing time |
| Moderate injury, liability disputed | 12–20 months | Engineering/safety evidence, insurer investigation |
| Serious head injury (prognosis unclear) | 18–36 months | IRB 2-year retention, specialist medical reports |
| Multiple defendants (shopping centre + lessee) | 15–24 months | Identifying correct occupier, lease analysis |
| Proceeds to court after IRB rejection | 24–42 months | Court scheduling, expert evidence, settlement negotiations |
These are experience-based ranges, not guarantees. Your medical recovery, the strength of evidence, and the respondent's cooperation all affect timing.
What happens on the other side: When you make a falling object claim, the occupier's public liability insurer will typically review the premises CCTV, interview staff who were on duty, check stock management and shelving inspection records, and in higher-value claims, engage a consulting engineer to inspect the racking or shelving for compliance. This is why preserving evidence fast matters — the insurer's investigation starts immediately, and if your evidence is weaker than theirs, the claim becomes harder to prove.
How is compensation assessed for a falling object injury?
Compensation for a falling object injury in Ireland is assessed using the Judicial Council Personal Injuries Guidelines [11], which replaced the Book of Quantum in April 2021. Both the IRB and the courts must follow these Guidelines when determining general damages (compensation for pain, suffering, and loss of quality of life).
Falling object injuries commonly involve head trauma, fractures, shoulder injuries, and psychological damage. The Guidelines provide specific brackets for each:
| Injury type | Severity | Guideline bracket |
|---|---|---|
| Head injuries | Severe (substantial recovery 2–5 years) | €12,000 – €25,000 |
| Head injuries | Moderate (substantial recovery 1–2 years) | €6,000 – €12,000 |
| Shoulder injuries | Moderate | €18,000 – €35,000 |
| Fractures (wrist/arm) | Uncomplicated with full recovery | €10,000 – €18,000 |
| Scarring (facial) | Significant | €20,000 – €45,000 |
| Psychiatric damage | Moderate (formally assessed) | Case-dependent |
Special damages are claimed separately and cover quantifiable financial losses: medical expenses, lost wages, travel to appointments, rehabilitation, and any care or assistance you needed during recovery. Keep all receipts.
Where a claimant suffers multiple injuries from a falling object (for example, a head laceration and a wrist fracture), the court identifies the most significant injury first, then applies an uplift for the cumulative effect — the values are not simply added together.
IRB data point: According to the IRB Award Values Report for H1 20242, the highest public liability award during that period was €174,719, and it related specifically to a claimant who was "hit by an object and sustained serious injuries." The median public liability award in 2024 was €13,6606.
At this point, you'll want to understand which specific injuries from falling objects attract these brackets and how psychological damage fits in.
Injuries commonly caused by falling objects
Falling objects cause a distinct injury profile because the impact comes from above, often striking the head, face, neck, or shoulders. According to the IRB's H2 2024 data6, psychiatric damage injuries now account for 14% of all awards (up from 5% in 2021), reflecting the psychological impact of sudden overhead strikes in environments people expect to be safe.
Common injuries from falling objects include concussion and minor traumatic brain injuries, skull fractures, facial lacerations and scarring, neck and shoulder injuries (including disc compression), wrist and arm fractures (from defensive reactions), crush injuries to hands and feet, and psychological injuries including anxiety, adjustment disorders, and PTSD.
The IRB now has the statutory power to assess claims that are wholly or primarily psychological under the 2022 Act10. The sudden, unexpected nature of a heavy object striking a person in a supposedly safe environment like a supermarket can trigger genuine psychological injury beyond the physical harm. Common psychological conditions following falling object accidents include heightened anxiety in retail settings, adjustment disorders, and PTSD.
One consequence specific to falling objects that surprises many claimants: Post-Concussion Syndrome (PCS). Symptoms including persistent headaches, dizziness, difficulty concentrating, and light sensitivity can develop days or weeks after the initial head impact and last for months or longer. Because PCS emerges gradually, the full extent of the injury may not be clear when the IRB application is first submitted. The 2022 Act addresses this by allowing the IRB to retain a claim for up to two additional years where a long-term prognosis is awaited10, provided both parties consent. If you were struck on the head by a falling object and experience worsening symptoms in the weeks that follow, report them to your GP immediately — each medical record strengthens the link between the accident and the ongoing condition.
For detailed guidance on specific injury types, see our guides to head injury claims, fracture claims, and psychological injury claims.
What factors could reduce or defeat your claim?
Not every falling object incident supports a successful claim. Several factors can reduce your award or defeat your case entirely. Being aware of these issues early helps protect your position.
Contributory negligence
If your own actions partly caused the accident, your compensation will be reduced in proportion to your share of responsibility. In Byrne v Ardenheath Company Ltd [2017] IECA 293, the Court of Appeal found 40% contributory negligence in a shopping centre accident. For falling objects, this could arise if you climbed shelving to reach a high item, pulled stock from an obviously unstable stack, or ignored a clearly marked warning.
"Usual danger" defence
The occupier may argue the danger was a "usual" one under the Lavin v Dublin Airport Authority framework — a risk you should have been capable of avoiding through ordinary care. A heavy object falling from insecure overhead storage is more likely to be classified as an "unusual" danger, because you have no way to anticipate or avoid it. A small item at eye level that you knocked while browsing is harder to attribute to the occupier.
Voluntary assumption of risk (Section 5A)
Under the 2023 amendments3, the occupier does not owe you a duty for risks you willingly accepted and were capable of understanding. Acceptance can be based on your conduct alone — no written agreement is needed.
No "notice" of the hazard
If the object was placed safely by staff but another customer destabilised it moments before it fell on you, the occupier may argue they had no reasonable opportunity to identify and fix the hazard. The timing matters more than most guides suggest: if CCTV shows the item was unsafe for 20 minutes before it fell, the occupier's position weakens substantially.
Pre-existing conditions: can you still claim?
Yes. Irish law applies the "eggshell skull" principle: the occupier takes the injured person as they find them. If you had a pre-existing back condition and a falling object aggravated it, the occupier is liable for the full extent of the aggravation, not just the injury a person without that condition would have suffered. Your medical records before and after the incident will show the baseline and the worsening. The insurer may argue the injury was going to happen anyway, but the difference between gradual deterioration and a sudden traumatic aggravation caused by their client's negligence is usually clear on medical evidence.
What to do immediately after being hit by a falling object in Ireland
These steps protect both your health and your potential claim. Move quickly — evidence disappears fast.
- Get medical attention. Attend A&E or your GP on the same day, even if the injury seems minor. Concussion symptoms can develop hours later. The medical record creates a direct link between the incident and your injury.
- Report the incident. Tell the duty manager or premises staff. Insist on an entry in the official accident report book. Note the manager's name, the time, and exactly what you reported.
- Photograph everything. The fallen object, the shelf or fixture it fell from (showing the remaining stock arrangement), the surrounding area, any warning signs (or absence of them), and your visible injuries. Do this before the scene is cleaned up.
- Request CCTV preservation. Ask in writing — a text message or email counts. Name the date, time, location within the premises, and the camera angles you want preserved. Follow up within days.
- Collect witness details. Names and phone numbers of anyone who saw the incident or the state of the shelf beforehand.
- Keep records of all expenses. Medical bills, prescriptions, taxi fares to appointments, and any time off work with supporting documentation.
- Send a written notice to the occupier within one month. Under Section 8 of the Civil Liability and Courts Act 2004, you should notify the person or business you hold responsible in writing within one month of the accident. Failure to do this won't bar your claim, but it can affect your ability to recover legal costs if the case goes to court. Your solicitor can handle this for you.
- Contact a solicitor. A Dublin public liability solicitor can advise whether your incident supports a claim, handle the IRB application and Section 8 notice, and request the premises' own inspection and stock records through the legal process.
Mistakes that weaken falling object claims
- Photographing only your injury but not the fallen object, the shelf it came from, and the surrounding stock arrangement.
- Leaving without reporting the incident or insisting on an accident report book entry.
- Waiting days or weeks before requesting CCTV preservation — footage can be overwritten within 7 days.
- Not seeing a doctor on the same day, creating a gap the insurer will use to question whether the accident caused the injury.
- Accepting vouchers, cash, or a "goodwill" payment from the duty manager on the spot. This can be framed as settlement or used to argue you considered the injury minor.
- Posting about the accident, your injuries, or your physical activities on social media. Insurers routinely monitor claimants' public profiles for evidence that contradicts the claimed injury.
- Giving a detailed statement to the premises insurer without legal advice — anything you say can be used to argue contributory negligence or voluntary assumption of risk.
- Missing the two-year limitation period, which cannot be extended except in narrow circumstances (date of knowledge, minority).
Frequently asked questions
Can I claim compensation if something fell on me in a shop in Ireland?
Yes, if the item fell because of the occupier's negligence — for example, unsafe stacking, poor shelving maintenance, or failure to secure overhead displays — you can make a public liability claim under the Occupiers' Liability Act 1995.
- The occupier must have failed their duty of care.
- Your injury must result from that failure.
- The claim goes through the IRB first.
Why it matters: The occupier is not automatically liable. You need evidence that their premises management fell below a reasonable standard.
Next step: Occupiers' Liability Act 19951 • How to prove a public liability claim
How much compensation can I get for a falling object injury?
Compensation depends on the type and severity of your injury, assessed under the Judicial Council Personal Injuries Guidelines. The IRB's H1 2024 data shows the highest public liability award that period was €174,719 for a person hit by a falling object.
- General damages cover pain, suffering, and loss of quality of life.
- Special damages reimburse financial losses (medical bills, lost earnings, travel).
- Multiple injuries are assessed holistically, not by adding brackets together.
Why it matters: Accepting a low early offer without understanding the full value of your claim can mean losing out on compensation you are entitled to.
Next step: Public liability compensation in Ireland • Judicial Council Guidelines11
How long do I have to make a falling object claim in Ireland?
You have two years from the date of the accident, or from the date you first became aware of your injury (the "date of knowledge"). Children have until two years after their 18th birthday. Do not confuse this with the three-year limit that applies in England and Wales — it does not apply in Ireland.
Why it matters: Missing the deadline means losing the right to claim entirely, regardless of how strong your case is.
Next step: Time limit for public liability claims in Ireland • Citizens Information4
How long is CCTV footage kept in Irish businesses?
Retention periods vary, but the Data Protection Commission notes that roughly 30 days is a common and reasonable retention period for most business CCTV systems. Some businesses overwrite footage within 7–14 days. You must request preservation in writing as soon as possible after the incident.
Why it matters: CCTV can show how long the hazard existed before the accident, whether staff had notice, and the mechanics of the fall. Once overwritten, it is gone.
Next step: DPC CCTV Guidance7
What if the falling object hit me at work, not in a shop?
If you were injured while working, your claim is an employer liability claim under the Safety, Health and Welfare at Work Act 2005, not a public liability claim. Your employer — not the premises occupier — is the defendant. The evidence requirements and legal tests differ.
Why it matters: Choosing the wrong legal route wastes time and can affect the outcome.
Next step: Public liability vs employers' liability
Can I claim if a falling object injured my child?
Yes. A parent or guardian can bring a claim on behalf of a child under 18. The two-year limitation period does not begin until the child turns 18, giving them until their 20th birthday to bring their own claim. The Occupiers' Liability Act 1995 requires occupiers to have particular regard for the safety of children who may not appreciate dangers.
Why it matters: Children are disproportionately vulnerable to falling objects because of their height and lack of awareness.
Next step: Child public liability claims • Time limits
Can I claim if I was partly at fault for the falling object accident?
Yes. Ireland applies contributory negligence, which reduces your award in proportion to your share of fault — it does not eliminate the claim entirely. If the court finds you were 25% responsible, your compensation is reduced by 25%.
Why it matters: Many people wrongly assume any personal fault bars a claim completely. It does not.
Next step: How to prove a public liability claim
Do I need a solicitor for a falling object claim?
You are not legally required to use a solicitor, but falling object claims involve specific evidence (stock records, inspection logs, shelving compliance) that is difficult to obtain without legal process. The IRB's own data confirms that represented claimants typically achieve higher outcomes than those who self-represent.
Why it matters: Premises occupiers and their insurers defend these claims with detailed evidence. A solicitor ensures your application is properly prepared and your evidence is preserved.
Next step: Call 01 903 6408 for a free case assessment • Public liability claims guide
What if I didn't report the accident at the time?
You can still make a claim. The absence of an accident report book entry weakens your position but does not bar the claim entirely. Report the incident to the premises in writing as soon as you realise you were injured. Attend your GP the same day to create a medical record linking the injury to the date and mechanism of the accident. If you left the shop and noticed pain hours later, write a detailed contemporaneous account of what happened while the details are fresh.
Why it matters: The longer you wait to report, the easier it becomes for the insurer to argue the injury happened elsewhere. A prompt GP visit and a written report to the premises (even after the fact) protect your position.
Next step: Evidence for public liability claims
Can I claim if nobody witnessed the falling object hitting me?
Yes. CCTV footage is often more valuable than witness evidence in falling object claims because it shows the state of the shelf before, during, and after the fall. The occupier's own inspection and stock management records can also establish that the hazard existed regardless of whether anyone saw the moment of impact. Your medical records showing an injury consistent with the reported mechanism add further support. Many successful falling object claims proceed without independent witness testimony.
Why it matters: People often assume no witnesses means no claim. The reality is that documentary and CCTV evidence frequently carries more weight than eyewitness accounts, which can be inconsistent or incomplete.
Next step: CCTV and accident evidence
References
- Occupiers' Liability Act 1995 (Revised) — Law Reform Commission / Irish Statute Book
- Personal Injuries Award Values Report, H1 2024 — Injuries Resolution Board
- Courts and Civil Law (Miscellaneous Provisions) Act 2023 — Irish Statute Book
- Injuries Resolution Board — Citizens Information
- Making a Claim — Injuries Resolution Board
- Personal Injuries Award Values Report, H2 2024 — Injuries Resolution Board
- CCTV Guidance for Data Controllers (November 2023) — Data Protection Commission
- Safety, Health and Welfare at Work Act 2005 — Health and Safety Authority
- Safety, Health and Welfare at Work (General Application) Regulations 2007 (Revised) — Law Reform Commission
- Personal Injuries Resolution Board Act 2022 — Irish Statute Book
- Personal Injuries Guidelines — Judicial Council
- Work-Related Fatalities 2024 Press Release — Health and Safety Authority
- Work-Related Fatalities 2025 Press Release — Health and Safety Authority
- Warehousing Safety — Health and Safety Authority
- Work at Height / Falling Objects Fact Sheet (PDF) — Health and Safety Authority
Related guides: Public liability claims • Occupiers' Liability Act 1995 • Proving a public liability claim • Compensation guide • Slip, trip and fall claims • Evidence for public liability claims
This is general information about Irish law, not legal advice. Every falling object claim depends on its specific facts. For advice on your situation, speak to a solicitor. 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
