Hotel Accident Claims in Ireland: How to Claim Compensation After an Injury

A hotel accident claim in Ireland is a public liability claim brought by a guest injured on hotel premises due to the hotel's negligence. Under Irish law, two statutes protect hotel guests: the Occupiers' Liability Act 1995 (as amended in 2023) and the Hotel Proprietors Act 1963. Claims go through the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB). The two-year time limit runs from the date of the accident.

Dual legal protection: Occupiers' Liability Act 1995 + Hotel Proprietors Act 1963, s.4. HPA 1963

Time limit: Two years from date of accident. Notify the hotel in writing within one month. IRB guide

IRB fee: EUR 45 online or EUR 90 by post. Mediation is free. IRB

Evidence deadline: Secure CCTV within 7 days. Most hotel systems overwrite footage every 14 to 30 days.

Unlike in England and Wales: Ireland's time limit is 2 years, not 3. Claims go through the IRB, not directly to court.

Compensation: Assessed under the Judicial Council Personal Injuries Guidelines (2021). Awards vary case by case. Guidelines

Contents

This is general information about Irish law, not legal advice. Every case depends on its own facts. Consult a solicitor for advice specific to your situation.

What is a hotel accident claim in Ireland?

A hotel accident claim is a public liability claim brought by a guest who was injured on hotel premises in Ireland due to the hotel's negligence. These claims cover any area of the hotel: lobbies, guest rooms, bathrooms, restaurants, bars, swimming pools, gyms, car parks, gardens, and conference rooms.

To succeed, you must show three things: the hotel owed you a duty of care, it breached that duty through negligence, and the breach caused your injury. Irish law treats hotel guests as "visitors" under the Occupiers' Liability Act 1995. The hotel must take reasonable care to prevent injury from dangers on the premises.

Hotel claims differ from general public liability claims in one specific way. The Hotel Proprietors Act 1963 imposes a separate, heightened duty. Section 4 requires the hotel proprietor "to take reasonable care of the person of the guest and to ensure that, for the purpose of personal use by the guest, the premises are as safe as reasonable care and skill can make them." Legal commentary confirms this standard is likely higher than the general occupiers' liability duty. The duty applies from the moment a guest enters the premises, regardless of any specific contract.

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Could you have a hotel accident claim? Quick self-check

Answer four questions to see whether your situation may support a claim. This is general guidance only, not legal advice. Every case depends on its specific facts.

1. Were you injured in a hotel in Ireland?

Yes No

What duty of care does a hotel owe its guests under Irish law?

Hotels in Ireland owe guests a dual duty of care: the general duty to visitors under the Occupiers' Liability Act 1995, s.3, and the hotel-specific duty under the Hotel Proprietors Act 1963, s.4.

Under Section 3 of the 1995 Act, an occupier must take "such care as is reasonable in all the circumstances" to prevent a visitor from suffering injury by reason of a danger on the premises. This is the common duty of care.

The Hotel Proprietors Act 1963 goes further. Section 4 requires the hotel to make the premises "as safe as reasonable care and skill can make them" for the guest's personal use. This wording creates a higher threshold. A hotel that meets the basic standard for a retail shop might still fall short of what's required for a hotel room where a guest sleeps, bathes, and moves around at night.

There's a third layer that most guides overlook. Under the Tourist Traffic Acts 1939-2016, any premises operating as a registered hotel must comply with the Failte Ireland Hotel Classification Scheme. These regulations enforce specific standards for fire safety, building condition, ventilation, access routes, and environmental health. If a hotel fails to meet its own classification requirements, that gap can be strong evidence of a breach of statutory duty in a personal injury claim.

How the 2023 amendments changed the duty of care

The Courts and Civil Law (Miscellaneous Provisions) Act 2023 amended the 1995 Act on 31 July 2023. Courts now consider several specific factors when deciding whether a hotel breached its duty:

Factors courts consider under the 2023 amendments to the Occupiers' Liability Act 1995

Factor	What it means for hotel claims
Probability of a danger existing	Was the hazard (a wet floor, a loose railing) likely given how the hotel operates?
Probability of injury occurring	How likely was it that a guest would actually be hurt?
Probable severity of injury	Could the hazard cause serious harm, or only minor inconvenience?
Cost and practicability of precautions	Was fixing the hazard affordable and practical?
Social utility of the activity	Does the activity giving rise to the risk serve a useful purpose?

The 2023 amendments also introduced Section 5A: voluntary assumption of risk. A hotel isn't liable if the guest willingly accepted a risk they were capable of understanding. A guest who ignores clearly posted "No Running" signs around a swimming pool and slips may have voluntarily assumed that risk. The court can judge acceptance from the guest's words or conduct, without requiring a written agreement.

The "usual danger" vs "unusual danger" test

Irish courts draw a clear line between hazards a hotel must protect against and those a guest should handle themselves. In Lavin v Dublin Airport Authority [2016] IECA 268, the Court of Appeal distinguished between a "usual" danger and an "unusual" danger. A staircase is a usual danger. An adult guest is expected to take reasonable care when using stairs. A staircase with a loose handrail, missing lighting, or a wet step is an unusual danger that the hotel must guard against or warn about. Hotels are liable for unusual dangers on the premises, not for usual ones. When assessing a hotel accident, the first question a court asks is whether the hazard was unusual enough that the hotel should have acted.

What counts as a "proper inspection system" in an Irish hotel?

In hotel slip-and-fall claims, the court's central question is whether the hotel had a reasonable system of inspection. Following the approach in Allen v Trabolgan Holiday Centre [2010] IEHC 129, courts look for documented, timed floor checks at regular intervals with signed records. A hotel that cleans its lobby "when staff notice a spill" doesn't have a system. A hotel that checks high-traffic areas every 30 minutes, records the check time on a signed sheet, and notes any hazards found does. If the hotel can't produce these records, or if the records show a gap between the last check and the time of the accident, that gap is strong evidence of negligence. One thing that surprises clients: the court isn't just asking "was the floor dirty?" It's asking "did the hotel have a documented plan to catch hazards before guests encountered them?"

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What types of hotel accidents lead to claims in Ireland?

Hotel accidents in Ireland happen across every area of the premises, and the hazards, evidence, and liable parties differ by zone.

Common hotel accident types by zone, with key evidence for each

Hotel zone	Common hazards	Key evidence
Lobby, corridors, stairs	Wet floors from mopping or rain, torn carpets, uneven steps, poor lighting	CCTV, cleaning schedules, accident report
Guest room	Defective furniture (collapsing chairs, broken beds), faulty appliances (kettles, hairdryers), scalding shower water, unsafe windows or balcony railings	Photographs, maintenance records, building regulation compliance
Bathroom	Slippery tiles, missing grab rails, faulty shower temperature controls	Room inspection records, photographs, temperature limiter maintenance logs
Restaurant and bar	Food poisoning, allergic reactions from undisclosed allergens, spills on dining floor	HACCP records, FSAI inspection reports, medical records
Swimming pool, spa, gym	Slippery poolside, inadequate supervision, faulty gym equipment	Pool safety records, lifeguard schedules, equipment maintenance logs
Car park and grounds	Potholes, poor lighting, icy surfaces	CCTV, lighting surveys, gritting records
Lifts	Lift malfunction, sudden stops, trapping injuries	Lift inspection certificates (required every 6 months under HSA regulations), maintenance logs

Food poisoning claims and FSAI obligations

Hotel food poisoning claims involve a specific regulatory framework. Hotels serving food in Ireland must follow HACCP-based food safety procedures under EC Regulation 852/2004, enforced by the Food Safety Authority of Ireland (FSAI) through HSE Environmental Health Officers. The hotel must keep records showing how food is stored, prepared, and served. If the hotel can't produce these records during litigation, that gap itself can be strong evidence of negligence.

One aspect the official guidance doesn't cover: hotel breakfast buffets are a particularly high-risk area because food sits at ambient temperature for extended periods. Temperature control logs for buffet service are often the first document a solicitor requests. Source: FSAI HACCP guidance for caterers.

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Who can be held liable for a hotel accident in Ireland?

The hotel owner or occupier is usually liable, but the correct defendant isn't always obvious. Modern Irish hotels often have complex ownership structures. The entity that owns the building, the company that manages the hotel, and the brand name on the door may be three separate legal entities.

Potential defendants include the hotel owner or occupier (the entity with day-to-day control), a management company operating the hotel under contract, independent contractors hired for cleaning, catering, or maintenance, and a tour operator if the stay was part of a package holiday. Under the Package Holidays and Travel Trade Act 1995, s.20, an Irish-based tour operator can be held liable for negligence by the hotel, even if the hotel is a separate company in another country.

The timing matters more than most guides suggest: identifying the correct defendant early prevents costly delays. Filing against the wrong entity means restarting the process.

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The 7-Day Evidence Lock: securing proof before it disappears

Evidence wins or loses hotel accident claims in Ireland. The first 7 days after the accident are the critical window for preserving proof. We call this the 7-Day Evidence Lock: a structured protocol for securing CCTV footage, maintenance records, and cleaning logs before the hotel overwrites or discards them.

The operational reality is that most commercial hotel CCTV systems run on a continuous loop, overwriting footage every 14 to 30 days. If you wait weeks for a solicitor to draft a formal letter, the footage may already be gone. Under GDPR Article 15, you have the right to request your personal data, including CCTV footage of yourself. However, the law gives the hotel one calendar month to respond, which creates a mismatch: by the time they're legally obliged to reply, the footage may no longer exist. The Irish Supreme Court confirmed in Dillon v Irish Life Assurance plc [2025] that data protection rights are independently enforceable and don't require authorisation from the IRB, meaning hotels can't use the claims process as a reason to delay providing CCTV footage.

The 7-Day Evidence Lock: steps to secure hotel accident evidence

When	What to do	Why it matters
Immediately	Photograph the hazard, your injuries, your clothing, and the surrounding area. Note the exact time and location.	Visual proof of the hazard before the hotel cleans or repairs it.
Same day	Report to hotel management. Ask for the accident report form. Keep a copy or photograph it.	Creates a formal record the hotel can't later deny.
Same day	Get names and contact details of any witnesses, including other guests and staff on duty.	Witnesses may leave the hotel the next day and become impossible to trace.
Within 48 hours	Attend your GP or A&E. Describe the accident and all symptoms in detail.	Medical records linking your injury to the accident are required for any claim.
Within 7 days	Send a written CCTV preservation request by email to the hotel's data controller. Include the date, time, location. State: "I request that you preserve all CCTV footage from [date] between [time range] for [locations]. Please do not overwrite or delete this footage."	An email creates a timestamped record. Without it, courts won't assume the missing footage would have helped your case.
Within 7 days	Request the hotel's cleaning schedules, maintenance logs, and inspection records for the area where you were injured.	These records show whether the hotel had a proper inspection system.

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How is compensation assessed after a hotel accident in Ireland?

Compensation for hotel accidents in Ireland is assessed under the Judicial Council Personal Injuries Guidelines, adopted in April 2021 to replace the Book of Quantum. The Guidelines set recommended ranges for general damages (pain and suffering) based on injury type and severity. Awards vary case by case. The Supreme Court confirmed the Guidelines' binding status in Delaney v Personal Injuries Board [2024].

Compensation has two parts. General damages cover pain, suffering, and loss of quality of life (for example, ongoing pain from a fractured wrist after a hotel fall, or anxiety after a serious incident). Special damages cover actual financial losses: medical bills, physiotherapy, lost earnings, travel to appointments, care costs, and ruined holiday expenses.

General damages reference ranges for injuries common in hotel accidents (from the Judicial Council Personal Injuries Guidelines, 2021). Actual awards depend on individual circumstances. These are guideline ranges, not predictions.

Minor soft tissue (full recovery under 6 months): Up to EUR 6,000

Moderate soft tissue (recovery 6-24 months): EUR 6,000 to EUR 18,000

Wrist fracture (uncomplicated, full recovery): EUR 11,000 to EUR 22,000

Ankle fracture (uncomplicated, good recovery): EUR 14,000 to EUR 28,000

Moderate back injury (ongoing symptoms): EUR 18,000 to EUR 55,000

Hip fracture (significant, long-term impact): EUR 30,000 to EUR 80,000

Source: Judicial Council Personal Injuries Guidelines (2021). These ranges cover general damages only. Special damages (medical costs, lost income) are assessed separately on top. Every case is different and awards vary based on individual facts.

The Supreme Court confirmed in Delaney v Personal Injuries Board [2024] that the Guidelines are legally binding. Courts can only depart from them where there is no reasonable proportion between the Guidelines and the appropriate award. Unlike in England and Wales, where the Judicial College Guidelines are advisory, the Irish Guidelines carry binding force following the Delaney decision.

In early 2025, the Personal Injuries Guidelines Committee recommended a 16.7% average uplift based on the Harmonised Index of Consumer Prices (HICP). The government did not bring the proposal forward for Oireachtas approval, and the High Court confirmed in Somers v Commissioner of An Garda Siochana [2025] that the uplift cannot be applied without enacting legislation. The 2021 Guidelines remain in force. Full details on how compensation works are in our public liability compensation guide.

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Hotel accident claims: IRB data and the mediation option

According to the IRB 2024 Annual Report, public liability claims made up 17% of the 20,837 total claims received in 2024. The IRB's Public Liability Accidents Report (2019 to 2023) shows that hospitality venues, including hotels, cafes, and restaurants, accounted for a significant share of public liability claims, with slips, trips, and falls representing over half of those incidents. Public liability claims across all venues dropped by 40% between 2019 and 2023. Claims from hospitality premises more than halved during the same period. According to the report, outdoor falls caused by uneven surfaces resulted in over EUR 9 million in compensation in 2023 alone.

The IRB statistics don't capture one practical detail: hotel claims often take longer than average because identifying the correct respondent (owner vs. management company vs. tour operator) adds an early investigation phase that other public liability claims don't require.

Since May 2024, the IRB has offered free mediation for public liability claims. According to the 2024 Annual Report, mediation resolved claims in an average of 3 months, compared to 11.2 months for the traditional assessment route. The consent rate from respondents (hotels and their insurers) remained above 70%, with a 50% acceptance rate.

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How does the claims process work for hotel accidents in Ireland?

Almost all hotel accident claims in Ireland must first go through the Injuries Resolution Board (IRB). The IRB independently assesses the claim and recommends a compensation amount. Both sides can accept or reject the assessment.

Step-by-step claims process for hotel accidents in Ireland

Step	What happens	Timeline
1. Notify the hotel	Write to the hotel within one month, stating you hold them responsible.	Within 1 month
2. Medical evidence	Attend your GP, specialists, and any required independent medical examination.	Ongoing
3. Apply to the IRB	Submit your application. Fee: EUR 45 online or EUR 90 by post. IRB application	Within 2 years
4. Hotel responds	The hotel has 90 days to consent to IRB assessment. Respondent fee: EUR 1,050.	90 days
5. Assessment or mediation	IRB assesses the claim, or both parties opt for free mediation.	Assessment: 9-11 months. Mediation: approx. 3 months.
6. Accept or reject	Both sides can accept. If either rejects, the case can proceed to court.	28 days

From handling hotel claims in Irish courts, the single biggest reason cases weaken is failure to secure CCTV within the first 7 to 14 days. By the time the IRB process begins, the footage is long gone if no preservation request was sent.

If the claim proceeds to court, the Civil Reform Bill 2025 proposes to increase the District Court limit to EUR 20,000 and the Circuit Court limit to EUR 100,000 for personal injury claims in Ireland. Most hotel accident claims (moderate soft tissue injuries through to significant fractures) would be heard in the lower courts, with faster timelines but stricter discovery deadlines. The Bill proposes a 28-day discovery timeframe from service of the claim form. Source: Citizens Information, IRB; injuries.ie.

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What is the time limit for a hotel accident claim in Ireland?

The general time limit is two years from the date of the accident under the Statute of Limitations (Amendment) Act 1991. If the injury wasn't immediately apparent, the two-year period starts from the "date of knowledge," the date you first became aware of the injury.

For children, the two-year clock doesn't start until the child turns 18. A parent or guardian can bring a claim on behalf of a minor before that date.

There's also a one-month notification obligation under the Civil Liability and Courts Act 2004. You should notify the hotel in writing within one month. Missing this doesn't end your claim, but it can affect your ability to recover legal costs later.

Unlike in England and Wales, where the limitation period for personal injury claims is three years under the Limitation Act 1980, Ireland's two-year limit is strictly enforced. Full details on time limits for Irish hotel accident claims are on our time limit for public liability claims page. Source: Statute of Limitations (Amendment) Act 1991.

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What most guides miss about hotel accident claims in Ireland

Four points that other guides consistently overlook about hotel claims under Irish law:

1. The Hotel Proprietors Act 1963 creates a higher duty than general occupiers' liability. Most guides only mention the Occupiers' Liability Act 1995. The 1963 Act requires the hotel to make premises "as safe as reasonable care and skill can make them." This is a stronger test. It means a hotel can't simply argue "we did what any shop would do." The law expects more from hotels because guests sleep, bathe, and move through rooms at all hours, often unfamiliar with the layout.

2. CCTV evidence is time-critical, and the GDPR timeline doesn't protect you. While GDPR gives the hotel 30 days to respond to a data request, hotel CCTV overwrites in 14 to 30 days. The 7-Day Evidence Lock closes this gap by sending a preservation notice immediately, creating a legal obligation to keep the footage.

3. Hotels must keep HACCP food safety records. A food poisoning claim isn't just about your medical evidence. The hotel is required by law to maintain temperature logs, cleaning schedules, and allergen records. If those records are incomplete or missing, it strengthens your case.

4. Hotels use predictable defences, and courts have clear ways of testing them. When a hotel contests a claim, its insurer typically argues that the guest was intoxicated, the hazard was obvious and avoidable, warning signs were displayed, the guest wore inappropriate footwear, or a third party (another guest) caused the spill. Irish courts assess each of these against the specific facts. Intoxication alone doesn't defeat a claim unless it was the primary cause of the fall. "Obvious hazard" arguments fail when the hotel could have removed the hazard cheaply and didn't. And a third-party spill still creates hotel liability if the hotel's inspection system should have caught it. Understanding these defences before you contact a solicitor helps you assess the strength of your own case.

When should you speak to a solicitor about a hotel accident?

Contact a solicitor as soon as possible after the accident, ideally before CCTV and other evidence is lost. A solicitor can issue formal preservation requests, identify the correct defendant, arrange an independent medical examination, and handle the IRB application.

You don't pay upfront. Personal injury solicitors in Ireland typically work on a "no win, no fee" basis. The solicitor's fee is agreed as part of the engagement and is payable only if your claim succeeds. The IRB doesn't require you to have a solicitor, but the strict procedural requirements and the complexity of hotel ownership structures mean most claimants benefit from professional advice.

Between assessment and settlement, the sticking point in hotel claims is usually the hotel's insurer disputing the inspection system evidence. Having a solicitor who has secured the cleaning logs and CCTV early makes a material difference to the outcome.

Common questions about hotel accident claims in Ireland

Can I claim if I was partly at fault for the hotel accident?

Yes. Irish law allows claims where the injured person shares some fault. The court reduces compensation to reflect your share of responsibility. This is called contributory negligence under the Civil Liability Act 1961. In Platt v OBH Luxury Accommodation Ltd [2015] IEHC 793, the High Court reduced the guest's award by 40%.

Why it matters: Partial fault affects the amount, not the right to claim.

Next step: How to prove a public liability claim

What if the hotel didn't record my accident?

You can still claim. Not every hotel maintains a proper accident report book. Your own records matter: photographs, witness details, GP attendance notes, and any emails sent at the time. Send a written account to the hotel by email to create a dated record.

Why it matters: The absence of a hotel record doesn't defeat a claim if you have independent evidence.

Next step: Evidence for public liability claims

Can I claim for food poisoning at a hotel in Ireland?

Yes, if the food poisoning was caused by the hotel's failure to handle, store, or prepare food safely. Hotels must maintain HACCP-based food safety records under EU Regulation 852/2004. The FSAI and HSE Environmental Health Officers inspect hotel kitchens. Your GP records and, where possible, stool sample results linking the illness to a specific pathogen strengthen the claim.

Why it matters: The hotel's HACCP records (or their absence) can be decisive evidence.

Next step: FSAI HACCP guidance

What if the accident happened in a hotel abroad booked through an Irish company?

You may be able to claim in Ireland. The Package Holidays and Travel Trade Act 1995, s.20, makes the Irish organiser liable for negligence by the hotel, even if the hotel is in another country. A "package" means a pre-arranged combination of at least two elements (such as flights and accommodation) lasting more than 24 hours or including an overnight stay.

Why it matters: You may not need to pursue a claim in a foreign court.

Next step: Package Holidays Act 1995

Can hotel staff claim for injuries at work?

Yes, but through a different legal route. Staff injuries are employers' liability claims, not public liability claims. The duties owed to employees are governed by different legislation, including the Safety, Health and Welfare at Work Act 2005. See our comparison of public liability vs employers' liability.

Why it matters: The correct legal route affects the law applied and the evidence needed.

Next step: Public liability vs employers' liability

Does a wet floor sign mean the hotel isn't liable?

Not necessarily. A warning sign is one factor, but it doesn't remove liability on its own. Courts assess whether the sign was placed promptly, whether it was visible and adequate, how long the hazard existed, and whether the hotel had a proper cleaning and inspection system. The quality of the inspection system matters more than any single sign.

Why it matters: Duration of the hazard and the hotel's response often outweigh the presence of a sign.

Next step: Wet floor accident claims · How to prove a public liability claim

How long does a hotel keep CCTV footage in Ireland?

Most hotels keep CCTV footage for 14 to 30 days before it's automatically overwritten. There's no fixed legal retention period. Under GDPR, you can submit a Subject Access Request for footage of yourself, but the hotel has up to 30 days to respond. This is why the 7-Day Evidence Lock is critical: send a preservation request by email within 7 days to prevent overwriting.

Why it matters: Once overwritten, CCTV evidence is gone permanently.

Next step: CCTV and accident evidence

Does the hotel's insurance cover my claim?

Hotels in Ireland carry public liability insurance specifically for guest injury claims. Your claim is made against the hotel, and their insurer handles the defence and any payment. You don't need to identify or contact the insurer directly. Your solicitor or the IRB will manage this.

Why it matters: You're claiming against the hotel, not the insurer. Payment comes from the insurer's cover.

Next step: IRB claims process

Does the same law apply to Airbnb or short-term rental accidents?

The Occupiers' Liability Act 1995 applies to any occupier, including Airbnb hosts and short-term rental owners. However, the Hotel Proprietors Act 1963 applies specifically to premises that meet the legal definition of a "hotel." An Airbnb property that isn't registered as a hotel wouldn't attract the heightened duty under the 1963 Act. The general occupiers' liability duty still applies.

Why it matters: The legal framework is narrower for short-term rentals than for registered hotels.

Next step: Claims against landlords and property managers

Can I claim if my child was injured in a hotel in Ireland?

Yes. A parent or guardian can bring a claim on behalf of a minor. The two-year time limit doesn't start until the child turns 18, but gathering evidence early is still essential. Hotels owe the same duty of care to child guests as to adults, and courts may consider whether the hotel took adequate steps to protect children in areas like swimming pools and play areas.

Why it matters: Children's claims have extended time limits but still benefit from early evidence preservation.

Next step: Child public liability claims · Time limits

What to consider next

If the hotel was part of a chain, does the parent company share liability? Possibly. The occupier (the entity with day-to-day control) is primarily liable. A parent company may be liable if it set the safety policies that were inadequate. Your solicitor can investigate the corporate structure.

What if the accident happened in a hotel during a wedding or private event? The hotel remains liable as occupier if the hazard related to the premises (a wet floor, a defective fixture). If the hazard was created by the event organiser (a tripping hazard from decorations), liability may be shared. See event accident claims.

Can I claim for psychological injury after a hotel accident? Yes, if a recognised psychiatric condition resulted from the accident. See psychological injury claims.

Related guides: Public liability claims Ireland · Slip, trip and fall claims · Public liability compensation · IRB claims process · Time limits · Occupiers' Liability Act 1995 · Evidence for claims · Restaurant accident claims