Public Liability Claims FAQ 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 ·
Public liability claims in Ireland arise when an occupier's negligence causes injury on premises they control. The Occupiers' Liability Act 1995 [1], amended significantly on 31 July 2023 by the Courts and Civil Law (Miscellaneous Provisions) Act 2023 [2], sets the legal framework. You have two years from the date of knowledge to bring a claim, and all claims must go through the Injuries Resolution Board (IRB) [3] before court. Below, each answer reflects the current Irish legal position after the 2023 amendments.
This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.
At a glance: Two-year time limit (from date of knowledge). All claims go through the IRB before court. Median public liability award in 2024: €13,660. The 2023 Act changed how courts assess an occupier's duty of care. Written notice to the occupier within one month is strongly advised.
Contents
Getting started with a public liability claim
What should I do immediately after an accident in a public place?
Five steps protect your position in the first 48 hours. (1) Get medical attention, even if the injury seems minor. A same-day medical record links the accident to your injury. (2) Report the accident to the premises manager and ask for it to be recorded in the accident report book. (3) Photograph the hazard, the surrounding area, your injuries, and any warning signs (or the absence of them). (4) Collect the names and phone numbers of anyone who saw what happened. (5) Send a written request to preserve CCTV footage before the system overwrites it.
The gap between accident and first medical visit is one of the first things an insurer examines. A delay of weeks raises questions about whether the injury was caused by the accident or something else.
Full process: How to make a public liability claim
What is a public liability claim in Ireland?
A public liability claim is a civil action for compensation when you are injured on premises due to an occupier's negligence. The legal basis is the Occupiers' Liability Act 1995 (as amended in 2023) 1. The claim targets the occupier (the person or organisation controlling the premises), not your own insurer. Common examples include slips in supermarkets, trips on broken footpaths, and falls in hotels.
Unlike in England and Wales, where the Occupiers' Liability Act 1957 applies, Irish claims follow different legislation, different time limits (two years, not three), and a different process.
Full guide: What is a public liability claim?
Do I have a valid public liability claim?
You may have a claim if four conditions are met: you were lawfully on someone else's premises, a danger existed due to the state of those premises, you were injured as a result, and the occupier failed to take reasonable care 1. If all four apply, the claim is worth investigating. If any one is missing, the claim is unlikely to succeed.
A detail that catches many people: the danger must relate to the state of the premises, not the actions of another person on those premises. An assault in a pub, for example, is a different legal route.
Quick eligibility check
Answer four questions to see if your situation may support a claim. This is not legal advice.
Who is liable for my accident?
The occupier of the premises is liable. An occupier is the person or organisation exercising control over the property. A shop is typically controlled by the retailer, a public footpath by the local authority, a hotel room by the hotel operator. You bring the claim against the occupier, not directly against their insurance company.
Full breakdown: Who is liable for a public liability accident?
How long do I have to make a claim?
Two years from the "date of knowledge" under the Statute of Limitations 1957 (as amended) [11]. The date of knowledge is usually the date of the accident, but if the injury did not become apparent until later, the clock starts when you first knew (or should reasonably have known) about the injury. You should also send written notice to the occupier within one month under Section 8 of the Civil Liability and Courts Act 2004.
Missing the one-month notice does NOT automatically bar your claim, but it may affect cost recovery if the case goes to court.
Full details: Time limit for public liability claims
What if my accident happened more than two years ago?
The claim may still be alive if the "date of knowledge" is later than the accident date. The two-year clock does not start from the accident itself 11. It starts from the date you first knew (or should reasonably have known) that you were injured, that the injury was significant, and that it was caused by the occupier's negligence. If your injury developed gradually or was only diagnosed months later, your window may not have closed.
If you are an adult and the accident was clearly more than two years ago with no date-of-knowledge argument: The claim is almost certainly statute-barred.
If the injured person was a child: The two-year clock does not even start until the child turns 18. A parent can bring the claim earlier, but the child is not time-barred until age 20.
Do I need a solicitor for a public liability claim?
No, you can submit a claim to the IRB yourself. The IRB application process is designed to work without legal representation. However, claims involving disputed liability, complex evidence, or serious injuries typically benefit from professional advice. According to the IRB Annual Report 2024 [4], average legal costs through the IRB are approximately €694, compared with €25,055 for claims resolved through litigation.
The difference in legal costs is significant. For straightforward claims settled at IRB stage, the process can be handled at a fraction of what litigation would cost.
Discuss your case: Dublin public liability solicitor
How much does a solicitor cost for a public liability claim?
Many personal injury solicitors in Ireland work on a "no win, no fee" basis, meaning they do not charge professional fees if your claim is unsuccessful. Under the Legal Services Regulation Act 2015 [9], your solicitor must give you a written Section 150 notice setting out all costs (or the basis for calculating them) before taking on your case. Solicitors cannot charge a percentage of your award under Irish law, and they cannot advertise "no win, no fee" services.
Even under a no-win-no-fee arrangement, you may still be liable for outlays (such as medical report fees and IRB application fees) if the claim is unsuccessful. Clarify this before you sign any agreement.
Full explanation: No win no fee solicitors in Ireland
Do I have to pay anything upfront to make a claim?
The IRB application fee is €45 online or €90 by post. Beyond that, many solicitors in Ireland operate on a "no win, no fee" basis for personal injury claims, meaning you do not pay legal fees unless compensation is recovered. However, the Irish system is NOT the same as the UK's Conditional Fee Agreement (CFA) model. Under the Legal Services Regulatory Authority (LSRA) rules, a solicitor in Ireland cannot calculate their fee as a percentage or proportion of any award or settlement.
Before engaging a solicitor, ask exactly how fees are structured. The LSRA requirement means the fee arrangement must be explained clearly in writing before work begins.
The law behind public liability claims
What is duty of care in a public liability claim?
Duty of care is the legal obligation an occupier has to take reasonable steps to prevent injury to visitors. Under Section 3 of the Occupiers' Liability Act 1995, an occupier must take "such care as is reasonable in all the circumstances." Since 31 July 2023, courts must weigh five specific statutory factors when deciding if the occupier met this duty 2.
Full explanation: Duty of care in public liability claims
What changed about public liability law in July 2023?
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 rewrote how courts assess an occupier's duty of care. Courts now weigh five statutory factors: (1) the probability of a danger existing, (2) the probability of injury from that danger, (3) the probable severity of injury, (4) the cost and practicability of precautions, and (5) the social utility of the activity that created the risk 2. The Act also introduced a conduct-based "voluntary assumption of risk" defence under Section 5A.
One aspect many claimants miss: if a court finds you voluntarily accepted the risk, the occupier has zero liability. This is a complete defence, not a partial reduction like contributory negligence.
Can the occupier argue I accepted the risk?
Yes. Section 5A of the Occupiers' Liability Act 1995, inserted by the 2023 Act, allows an occupier to argue they owe no duty of care if you willingly accepted a risk you understood 2. A court can determine acceptance based on your words or conduct alone, without evidence of a signed waiver or verbal warning from the occupier. If accepted, this is a total defence: zero compensation.
This differs from contributory negligence (which merely reduces your award proportionally). Voluntary assumption of risk eliminates the claim entirely.
What is the difference between public liability and employers' liability?
Public liability covers injuries to members of the public on premises. Employers' liability covers injuries to employees at work. The legal framework, insurance type, and standard of care differ. If you were at work when injured, your claim is likely employers' liability under the Safety, Health and Welfare at Work Act 2005 5. If you were visiting as a customer, patient, or member of the public, it falls under public liability.
Comparison: Public liability vs employers' liability
What is the difference between actual notice and constructive notice of a hazard?
Actual notice means the occupier was directly told about the hazard. A customer who reports a spill to a staff member creates actual notice. Constructive notice means the hazard existed long enough that a reasonable inspection system would have caught it. A puddle from a leaking fridge that sat for hours in a supermarket aisle is constructive notice, even if no customer reported it.
In practice, most public liability claims turn on constructive notice. The question is not whether the occupier knew, but whether they should have known if they had a reasonable system for checking the premises. Cleaning logs, CCTV timestamps, and staff rosters all feed into this analysis.
Irish case law in practice
Byrne v Ardenheath Company Limited [2017] IECA 293: A woman slipped on a grassy verge while taking a shortcut from a shopping centre car park in wet conditions. The Court of Appeal overturned the trial court award, holding that the plaintiff should have taken reasonable care for her own safety. Holding: Occupiers are not insurers of visitor safety. A visitor who chooses an obviously risky path when a safe alternative exists may bear full responsibility. Why it matters: This decision, now reinforced by the 2023 amendments and Section 5A, established that courts consider the visitor's own conduct when assessing liability.
Evidence and proof
What evidence do I need for a public liability claim?
The strongest claims combine photographs of the hazard, CCTV footage, witness contact details, a medical report, and the premises accident report. Cleaning logs and maintenance records from the occupier can also prove (or disprove) whether they had a reasonable inspection system. The more evidence you secure early, the harder it is for the occupier to dispute liability. We call the critical period the 48-Hour Evidence Window: the first two days after an accident are when photographs are fresh, witnesses are reachable, and CCTV is least likely to have been overwritten.
The timing matters more than most people expect. CCTV systems typically overwrite footage within 14 to 30 days, so a written request to preserve footage should go out within the first week.
If you have photos, CCTV, and a witness: Liability is much harder for the occupier to deny. Claims with all three tend to resolve faster and with stronger outcomes.
If you have no CCTV and no witnesses: The claim depends more heavily on circumstantial evidence such as cleaning logs, maintenance records, and the accident report book. The threshold for proving breach is higher.
Full checklist: Evidence for public liability claims
How do I get CCTV footage of my accident?
Send a written Data Subject Access Request (SAR) to the premises operator under GDPR. Commercial premises such as supermarkets, hotels, and shopping centres must respond. Request the footage as soon as possible because most systems overwrite within 14 to 30 days. Your solicitor can send this on your behalf.
Full process: CCTV evidence in public liability claims
What if I didn't report the accident at the time?
You can still claim. Failing to report the accident does not bar a public liability claim. However, the absence of a written record makes it harder to prove the circumstances. You will rely more heavily on medical records, witness evidence, and any CCTV that may still exist. If you have not yet reported, contact the premises in writing as soon as possible to create a paper trail.
A common mistake: waiting weeks to seek medical attention. Courts look at the gap between accident and first medical visit when assessing credibility.
What if the business refused to let me fill in the accident report?
A refusal to record your accident does not prevent your claim. You can create your own written account of what happened, including the date, time, location, hazard, and any staff you spoke to. Send this to the premises by registered post as soon as possible. The refusal itself can work in your favour: it suggests the occupier did not have an adequate incident reporting system, which weakens their defence on inspection and maintenance standards.
If staff acknowledged the accident verbally but refused to write it down, note the names and times. Your solicitor can later request disclosure of internal records during proceedings.
What medical evidence is required?
A medical report from an independent doctor linking the accident to your injury. Your GP records from the date of the accident form the initial evidence. For the IRB assessment, you will typically need a specialist report. The report should describe the injury, treatment, prognosis, and any impact on daily life or work.
What if the premises had no cleaning log?
The absence of a cleaning log or inspection schedule works against the occupier, not the claimant. Irish courts expect occupiers to maintain records showing regular checks of their premises for hazards. If an occupier cannot produce a log showing when the area was last inspected or cleaned, the court may draw an adverse inference: that no reasonable system was in place. In wet-floor slip claims, the cleaning log is often the single most decisive piece of evidence.
One pattern that recurs across cases: the occupier claims regular checks happened but has no written record to prove it. Without a log, the claim that inspections took place carries little weight.
The claims process
What is the Injuries Resolution Board?
The Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2022, is the independent state body that assesses personal injury claims before court proceedings can begin. Under the Personal Injuries Resolution Board Act 2022 [6], all personal injury claims (except medical negligence) must be submitted to the IRB first. Citizens Information (Updated 2025) [12] provides a plain-language overview of the application process. The only exception to the mandatory IRB requirement is if the respondent refuses to consent to the process.
Full guide: Public liability claims through the IRB
What is IRB mediation and how does it work?
IRB mediation is a voluntary, telephone-based service introduced in 2024 where an independent mediator helps both sides reach agreement. Unlike the traditional paper-based assessment (which only calculates the value of your injury), mediation can address disputes over fault, contributory negligence, and claim value simultaneously. According to the IRB Annual Report 2024, mediation resolves claims in approximately three months on average 4.
A standard IRB assessment takes 9 to 11.2 months. If both parties consent, mediation offers a significantly faster resolution.
Can the IRB refuse my application?
Yes. The IRB can return an application as incomplete or refuse to process it if certain conditions are not met. Common reasons include: a missing or outdated medical certificate, the wrong respondent named on the form, a claim submitted outside the two-year limitation period, or a failure to provide sufficient detail about the accident. If your application is returned, you can usually resubmit once the issue is corrected, but the clock on the two-year limit does not pause while you fix it.
The IRB does not assess the merits of your claim at the application stage. A returned application means something procedural was missing, not that your claim lacks merit.
Do I have to go to court?
Most public liability claims in Ireland settle without a court hearing. The IRB assessment or mediation resolves many cases. If either party rejects the IRB assessment, the Board issues an Authorisation allowing court proceedings. According to Central Bank NCID data, only about 3% of employer and public liability claims were resolved by a court award in 2024 5.
Compare routes: Settlement vs court
How long does a public liability claim take?
Through the IRB, a standard assessment takes 9 to 11.2 months on average. Mediation averages about three months. If the claim proceeds to litigation after an IRB assessment is rejected, the timeline depends on court scheduling. Circuit Court cases in Dublin can add 12 to 24 months after the IRB stage.
If both sides accept the IRB assessment: Claim typically concludes within 12 months of application.
If the assessment is rejected and the case goes to court: The total timeline can reach two to three years from the date of the accident.
What are the court tiers for public liability claims in Ireland?
Ireland has three court tiers for personal injury claims. The District Court handles claims up to €15,000. The Circuit Court handles personal injury claims up to €60,000 (where most public liability claims fall). The High Court handles claims above €60,000, typically reserved for serious or life-changing injuries.
The €60,000 Circuit Court cap applies specifically to personal injury claims. The general Circuit Court limit for other tort claims is higher (€75,000), which causes confusion.
What happens if I reject an IRB assessment?
The IRB issues an Authorisation allowing your solicitor to start court proceedings. However, rejecting an assessment carries financial risk. Under Section 51A of the Personal Injuries Resolution Board Act, if you reject an assessment the defendant accepted, go to court, and the judge awards you the same amount or less, you may be ordered to pay the defendant's legal costs from the date of rejection 6. Those costs can be substantial.
Weigh your options: Settlement vs court in public liability claims
Compensation
How much compensation can I receive for a public liability claim?
Compensation depends on the severity of your injury and your financial losses. The Personal Injuries Guidelines 2021 [7] (in force since 2021) set the framework for general damages. According to the IRB Award Values Report 2024, the median public liability award was €13,660, down 34% since 2020 4. Awards vary widely depending on the type and duration of the injury.
A proposed 16.7% increase to the Guidelines was considered in 2025 but was not brought forward. The 2021 Guidelines remain in force unchanged.
Full breakdown: Public liability compensation in Ireland
What are general damages?
General damages compensate for pain, suffering, and loss of quality of life caused by the injury. The court or IRB assesses these based on the nature of the injury, its severity, duration, and long-term impact. The Personal Injuries Guidelines provide bracket ranges for different injury types 7.
What are special damages?
Special damages cover verifiable financial losses you incurred because of the accident. Common items include medical and rehabilitation costs, lost earnings, travel expenses for treatment, and care expenses. You need receipts, payslips, and invoices to support each item claimed.
Can I claim for damage to my property as well as my injuries?
Yes. If the accident damaged personal items such as a phone, glasses, watch, or clothing, the replacement or repair cost can be claimed as part of your special damages. Keep the damaged items and any purchase receipts. The property damage claim runs alongside the personal injury claim, not separately.
Do I pay tax on my compensation?
Personal injury compensation is generally exempt from income tax and capital gains tax in Ireland. Under the Taxes Consolidation Act 1997 [10], compensation for personal injuries (whether awarded by a court or agreed in a settlement) is not treated as taxable income or a chargeable gain. However, any interest you earn from investing the compensation after you receive it may be taxable unless you qualify for the permanent incapacity exemption.
This applies to both general damages and special damages components of the award. You keep the full amount.
| Measure | Value | Source |
|---|---|---|
| Total PL claims submitted | 4,780 | IRB Annual Report 2024 4 |
| Median PL award | €13,660 | IRB Award Values Report 2024 |
| Average legal costs (IRB) | €694 | IRB Annual Report 2024 |
| Average legal costs (litigation) | €25,055 | Central Bank NCID 2024 5 |
| IRB assessment acceptance rate | 50% | IRB Annual Report 2024 |
| PL claims change since 2019 | Down 40%+ | IRB Award Values Report 2024 |
Have questions about your situation? Contact us on 01 903 6408 to discuss your case with a member of our team. No obligation.
Special situations
Can I claim if I was partly at fault?
Yes. Under Section 34 of the Civil Liability Act 1961 [8], if your own actions contributed to the injury, the court reduces your compensation proportionally. If you are found 25% responsible, your award is reduced by 25%. Your claim is not barred entirely.
This is different from the voluntary assumption of risk defence under Section 5A (introduced in 2023), which eliminates the occupier's liability completely. Contributory negligence reduces the award. Voluntary assumption of risk destroys the claim.
If the court finds contributory negligence: Your compensation is reduced by a percentage matching your share of fault. A 30% finding on a €20,000 award leaves you with €14,000.
If the court finds voluntary assumption of risk under Section 5A: The occupier owes no duty at all. The result is zero compensation regardless of injury severity.
Can I make a claim on behalf of my child?
Yes. A parent or guardian can bring a public liability claim on behalf of a child at any time before the child turns 18. The two-year limitation period does not start running until the child's 18th birthday 11. The child's claim survives independently, and the parent acts as "next friend" in the proceedings.
Related: Child public liability claims
What if the occupier has no public liability insurance?
Unlike motor claims, there is no equivalent of the MIBI for uninsured premises. Public liability insurance is not legally mandatory for businesses in Ireland. If the occupier has no policy, you pursue the claim against them personally. Recovery depends on the occupier's financial position. One detail that surprises clients: a successful court judgment does not guarantee payment if the defendant has no assets to satisfy it.
Early legal advice on the defendant's insurance position is particularly important in these cases.
Can I claim for psychological injury without physical injury?
Yes. Public liability compensation in Ireland covers both physical and psychological injuries. Anxiety, depression, post-traumatic stress, and sleep disturbance following a public place accident can all form part of your general damages claim. You will typically need a report from a psychiatrist or psychologist to support this element.
Related: Psychological injury claims
What if I signed a waiver before the accident?
A signed waiver does not automatically defeat your claim. Before July 2023, the Occupiers' Liability Act 1995 required a written agreement for an occupier to limit their duty of care. The 2023 amendments changed this: courts can now infer voluntary acceptance of risk from your words or conduct, even without a signed document 2. However, no waiver or conduct can exclude liability for injuries caused by the occupier's reckless disregard for your safety.
Gyms, adventure centres, and trampoline parks routinely ask visitors to sign waivers. The waiver is relevant evidence, but the question a court asks is whether you truly understood and accepted the specific risk that caused your injury, not whether you signed a general form.
Does making a claim affect my own insurance?
A public liability claim is brought against the occupier and their insurer, not against any policy you hold. Your health insurance, home insurance, and motor insurance are not involved in the process. Making a public liability claim does not create a record on your own insurance history and should not affect your premiums.
Can a tourist claim for an accident in Ireland?
Yes. Irish law applies to accidents that occur on Irish premises, regardless of the claimant's nationality or place of residence. A tourist injured in a hotel, shop, or public space in Ireland has the same right to claim as an Irish resident. The two-year time limit and IRB process apply equally.
Related: Tourist accident claims in Ireland
Can I claim against a local authority for a broken footpath?
Yes. Local authorities are occupiers under Irish law when they maintain footpaths, parks, playgrounds, and other public spaces. Claims against local authorities for broken footpaths and uneven surfaces are among the most common public liability actions in Ireland. You must prove the authority knew or should have known about the defect and failed to repair it within a reasonable time.
Details: Local authority accident claims
What is the difference between a "usual" and "unusual" danger?
Occupiers are generally not liable for dangers that are typical, expected features of premises. In a 2024 High Court decision, a visitor injured near a service post in a caravan park lost because the cable she tripped over was a usual feature of the site. Courts expect visitors to take care around ordinary hazards they can see and avoid. A claim is more likely to succeed when the danger is unusual, concealed, or something a visitor would not reasonably expect.
Ireland vs UK: Irish public liability law differs from UK law. The time limit in Ireland is two years, not three. The governing legislation is the Occupiers' Liability Act 1995 (not 1957). Awards are assessed under the Personal Injuries Guidelines 2021 (Judicial Council), not the UK Judicial College Guidelines. If you have read UK guidance online, check that the rules match the Irish position before relying on them.
Unsure about your next step? Request a case assessment by calling 01 903 6408 or use our callback form. Based in Dublin, serving clients across Ireland for all personal injury claims.
References
- Occupiers' Liability Act 1995, Irish Statute Book
- Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Act No. 18), Irish Statute Book
- Making a Claim, Injuries Resolution Board
- Annual Report 2024, Injuries Resolution Board
- NCID Employers and Public Liability Insurance Report, Central Bank of Ireland
- Personal Injuries Resolution Board Act 2022, Irish Statute Book
- Personal Injuries Guidelines (March 2021), Judicial Council of Ireland
- Civil Liability Act 1961 (Revised), Law Reform Commission
- Legal Services Regulation Act 2015, Irish Statute Book
- Personal injury compensation payments, Revenue Commissioners
- Statute of Limitations 1957 (Revised), Law Reform Commission
- Injuries Resolution Board, Citizens Information
Related pages in our public liability guide
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.
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