Apartment and Common Area Accident Claims in Ireland

Apartment buildings in Ireland create a specific liability problem that most injury guides miss entirely. When you slip on a wet stairwell, trip over a broken paving slab in a communal garden, or fall because a corridor light has been out for weeks, the liable party is rarely the person you pay rent to. Under the Multi-Unit Developments Act 2011, common areas in apartment developments are owned and controlled by the Owners' Management Company (OMC), not by individual landlords. The OMC is the occupier of those shared spaces under the Occupiers' Liability Act 1995, and it owes a duty of care to every person who enters them. Irish apartment liability operates under a different statutory framework to the UK, where the Defective Premises Act 1972 and Landlord and Tenant Act 1985 do not apply. The governing Irish legislation is the Multi-Unit Developments Act 2011 and the Occupiers' Liability Act 1995.

Contents

Liable party: The OMC controls common areas and is usually the occupier under OLA 1995. Not the individual landlord.

Time limit: Two years from the date of the accident to begin proceedings. Statute of Limitations 1957

Common areas defined: Stairwells, lobbies, lifts, car parks, pathways, gardens, bin stores, roofs, boundary walls. MUD Act 2011 s.1

First step: Notify the OMC or managing agent within one month. Then apply to the Injuries Resolution Board.

What counts as a common area in an apartment building?

Under the Multi-Unit Developments Act 2011, common areas in Irish apartment developments are the parts of the building and grounds that have not been sold to any individual unit owner. These shared spaces are owned collectively through the OMC and maintained using service charge income. The statutory definition is broad and covers both the internal structure and the external grounds of a development.

Internal common areas include entrance halls, lobbies, stairwells, corridors, landings, lifts, bin stores, bicycle storage rooms, communal laundry rooms, plant rooms, post-box areas, and the structural fabric of the building itself (load-bearing walls, roofs, foundations). External common areas include car parks, driveways, access roads, footpaths, communal gardens, play areas, boundary walls, fencing, lighting columns, and shared drainage systems.

A detail that catches many claimants off guard: the boundary between the common area and the individual apartment is not where most people assume. The demised premises (the private apartment) typically covers only the internal envelope of the unit. External window frames, balcony structures, roof terraces above the unit, and the exterior walls are generally treated as part of the common area, because they form part of the structural fabric of the building. If a window frame fails and glass injures a person in a shared corridor, liability rests with whoever controls that structural element, which is ordinarily the OMC.

Who is liable for an accident in an apartment common area?

The Owners' Management Company (OMC) is the liable party in most apartment common area claims in Ireland. The OMC owns and controls the shared spaces under the Multi-Unit Developments Act 2011, making it the occupier under the Occupiers' Liability Act 1995. Identifying the correct defendant requires careful analysis of who owned, managed, and maintained the area where the accident happened, because control of the premises is split between multiple parties.

The four parties who may bear liability in an apartment public liability claim are the OMC, the managing agent, the individual landlord, and (in some cases) the original developer.

The Owners' Management Company (OMC) is the most common defendant. Under the Multi-Unit Developments Act 2011, the developer must transfer ownership of common areas to the OMC before any units are sold, or within six months of the Act coming into force for older developments. Once transfer occurs, the OMC becomes the legal owner of those spaces and the occupier under the Occupiers' Liability Act 1995.¹ Every unit owner is automatically a member of the OMC, and the company is funded through annual service charges.

The managing agent is a property management company engaged by the OMC to carry out day-to-day maintenance, cleaning, and inspections. Managing agents must be licensed by the Property Services Regulatory Authority (PSRA) under the Property Services (Regulation) Act 2011. If a managing agent was contracted to inspect and maintain stairwells but failed to replace a broken handrail despite receiving complaints, the agent may share liability with the OMC as a concurrent wrongdoer under the Civil Liability Act 1961. The PSRA can investigate complaints, suspend or revoke licences, and impose financial penalties up to fifty thousand euros. If the PSRA has previously sanctioned the managing agent for poor maintenance practices, that regulatory record can be subpoenaed and used as evidence of a systemic pattern of neglect in a personal injury claim.

The individual landlord of an apartment unit is responsible for the interior of the demised premises under Section 12(1)(b) of the Residential Tenancies Act 2004. The landlord does not control the stairwell, lobby, or car park. If a tenant falls in a shared corridor because a tile is cracked, the landlord is very unlikely to be the liable party. The claim should be directed at the OMC. For more on how landlord obligations differ from OMC obligations, see claims against landlords and property managers.

The original developer may remain liable in older developments where common areas were never formally transferred to the OMC. In In the Matter of Heidelstone Company Ltd [2006] IEHC 408, the High Court held that where all units had been sold, the developer held common areas in trust for the unit owners. If the developer has since been dissolved, identifying the correct occupier can become complex, and early legal advice is important.

Who controls what in an Irish apartment building

Area	Controlled by	Liable for accidents?
Stairwells, corridors, landings	OMC	OMC (via public liability insurer)
Lobbies and entrance halls	OMC	OMC
Lifts	OMC (maintenance contractor)	OMC and/or lift contractor
Car parks (surface and underground)	OMC	OMC
Communal gardens, paths, play areas	OMC	OMC
Bin stores and service areas	OMC (via managing agent)	OMC and/or managing agent
Roof, structural walls, foundations	OMC	OMC (or developer if untransferred)
Balcony structure and external window frames	OMC (structural fabric)	OMC
Interior of individual apartment	Landlord or owner-occupier	Landlord (under Residential Tenancies Act 2004)

The Common Area Control Test

Identifying the correct defendant in an apartment common area claim in Ireland depends on answering three questions about control. The Common Area Control Test reflects how Irish courts apply the Occupiers' Liability Act 1995¹ to multi-unit developments.

Question 1: Who owns the common area? Under the Multi-Unit Developments Act 2011, ownership of common areas must transfer to the OMC. Once transferred, the OMC is the legal owner. In pre-2011 developments where transfer never occurred, the developer or a successor entity may remain the owner. Check the Companies Registration Office to confirm the OMC exists and is active.

Question 2: Who contracted to maintain the area? The OMC typically engages a managing agent to carry out cleaning, inspections, lighting checks, and repairs. The contract between the OMC and the managing agent defines the scope of the agent's duties. If the agent was contracted to inspect stairwells weekly and failed to do so, the agent may bear liability alongside the OMC.

Question 3: Who had actual or constructive notice of the hazard? Actual notice means someone told them about the problem (a resident emailing the managing agent about a broken light, for example). Constructive notice means they should have known if they had followed a reasonable inspection system. AGM minutes, service charge complaint records, and maintenance logs are the critical evidence here.

The Common Area Control Test applies in every apartment claim we assess. A resident who falls on a dark stairwell will instinctively blame their landlord, but the landlord does not own or control the stairwell. The OMC does. And if the OMC contracted a managing agent to maintain lighting, the agent's inspection records become the central evidence in the claim.

How does the Occupiers' Liability Act 1995 apply to apartment common areas?

The Occupiers' Liability Act 1995 governs all personal injury claims arising from the condition of premises in Ireland. Under Section 1, an occupier is any person who exercises such control over the state of the premises that it is reasonable to impose a duty of care on them. The OMC, as the entity that controls apartment common areas, is the occupier for the purposes of this Act.

Tenants, residents, delivery workers, visitors, and tradespeople entering common areas are classified as visitors under the Act. The OMC owes them a common duty of care under Section 3: a duty to take such care as is reasonable in all the circumstances to ensure a visitor does not suffer injury or damage by reason of any danger existing on the premises.

The Courts and Civil Law (Miscellaneous Provisions) Act 2023 amended Section 3 of the 1995 Act by inserting a new Section 3(1A). Courts must now consider five specific factors when determining whether the occupier met the duty of care: the probability of a danger existing, the probability of injury occurring from that danger, the severity of the likely injury, the cost and practicability of precautions, and the social utility of the activity giving rise to the risk. The care a visitor may reasonably be expected to take for their own safety is also a factor.

The limits of the OMC's duty were tested directly in Ahmed v Castlegrange Management Company [2022] IECA 269. A resident slipped on black ice on an untreated landing outside their apartment. The High Court initially found the management company liable for failing to grit pedestrian areas during freezing weather. The Court of Appeal overturned that decision, holding that a proactive duty to grit all external areas in anticipation of adverse weather would be unreasonably burdensome. The court also applied contributory negligence, noting the resident was familiar with the complex and aware of the freezing conditions. Between assessment and settlement, the sticking point in apartment ice claims is usually whether the OMC had a system for monitoring weather conditions and whether the specific area was one where gritting was practicable and proportionate.

Contributory negligence raises a specific concern in apartment claims that does not arise in shops or public venues. Residents who reported a hazard to the managing agent sometimes worry that their own complaint emails will be used against them to argue they knew about the danger and should have avoided it. Irish law does not work that way. Under Section 34 of the Civil Liability Act 1961, contributory negligence reduces the damages award by the percentage of fault attributed to the claimant. It does not defeat the claim. And apartment stairwells, corridors, and entrance lobbies are often the only route to a resident's home. A person who must use a hazardous stairwell because no alternative access exists cannot be said to have voluntarily assumed the risk. The resident's complaint actually strengthens the claim against the OMC by proving that the occupier had actual notice of the danger and failed to act on it.

In Keegan v Sligo County Council [2022] IEHC 19, the High Court examined occupier status in a landlord-tenant context. The court confirmed that both the landlord and the tenant can be simultaneous occupiers, each controlling different parts of the premises. In apartment common area claims, the tenant is a visitor on the common areas controlled by the OMC. The OMC owes the tenant the full common duty of care under Section 3, regardless of any lease terms between the tenant and the individual landlord. This Irish statutory framework differs from England and Wales, where the Occupiers' Liability Act 1957 and the Defective Premises Act 1972 create a different obligation structure and where limitation periods run for three years rather than two.

What maintenance duties does the Multi-Unit Developments Act 2011 impose?

The Multi-Unit Developments Act 2011² requires OMCs to take ownership of common areas, maintain a sinking fund for non-recurring repairs, carry out emergency repairs when hazards originate from private units, and enforce house rules governing shared spaces. Several provisions of this Act are directly relevant to personal injury claims.

Section 3 and Section 4 require the developer to establish the OMC and transfer common areas before any units are sold (for post-2011 developments) or within six months for existing developments. Failure to transfer does not relieve anyone of liability. The courts can order transfer under Section 24, and the developer may remain the occupier in the interim.

Section 13 grants the OMC the right to enter any unit and carry out emergency repairs if a defect threatens the safe occupation or peaceful enjoyment of any other part of the development. If a severe leak from a private apartment creates a persistent slip hazard in a communal lobby, the OMC cannot simply blame the apartment owner and take no action. The OMC must invoke its Section 13 right to enter the unit and carry out reasonably necessary repairs in the shortest possible period to minimise loss or danger. If the OMC is aware of a hazard originating from a private unit and fails to act, it may be found concurrently negligent in a subsequent personal injury claim, even though the hazard source was outside the common area. The cost of those emergency repairs can be recovered from the responsible unit owner.

Section 19 requires every OMC to establish a sinking fund for non-recurring maintenance within three years of obtaining ownership of the development. Research conducted by the Society of Chartered Surveyors Ireland (2018) found that nearly ninety percent of property managers report inadequate sinking funds in the developments they manage, and one in ten developments has no sinking fund at all. Chronic underfunding leads to deferred maintenance of stairwells, lifts, external walkways, and fire safety systems. When a deferred repair causes an accident, the OMC's sinking fund records can be obtained through discovery to prove that the maintenance failure was not sudden but the predictable consequence of financial decisions made over months or years.

OMCs are also subject to fire safety obligations under the Fire Services Acts 1981 and 2003. Under Section 18(2), the OMC is the "person having control" of apartment common areas. Dublin Fire Brigade has confirmed that OMCs are responsible for maintaining emergency lighting, fire detection and alarm systems, fire door sets, and clear escape routes in all common areas. Failure to maintain these systems is a regulatory breach that can also ground a negligence claim if the failure causes or contributes to an injury.

Section 23 house rules give OMCs the power to adopt rules governing the use of common areas. These rules, agreed by the members, typically prohibit leaving bicycles in corridors, storing items in fire escape routes, propping open fire doors, and obstructing stairwells with deliveries or pushchairs. The rules are enforceable, and the OMC can recover the reasonable cost of remedying a breach. The IRB statistics don't capture this nuance, but in practice, if the OMC adopted house rules prohibiting corridor obstructions and then failed to enforce those rules when residents routinely left items in shared walkways, the OMC's own unenforced rules become evidence that it knew about a foreseeable trip hazard and chose not to act.

What hazards cause accidents in apartment common areas?

Failed lighting, broken handrails, wet floors from leaks, defective lifts, uneven paving, ice on pathways, and obstructions in corridors are the most common causes of apartment common area accidents in Ireland. The hazard pattern depends on whether the accident happened in an internal or external shared space. Mapping the location to the hazard type helps identify the evidence needed.

Apartment common area hazard types by location

Location	Typical hazards	Key evidence
Stairwells and corridors	Failed lighting, loose or worn carpet, broken handrails, cracked tiles, wet floors from leaks, obstructions (bikes, pushchairs, deliveries)	Maintenance logs, lighting inspection records, photographs, CCTV, resident complaints to managing agent
Lobbies and entrance areas	Wet floors during rain without mats or warnings, defective entrance doors or intercom systems, trip hazards from post-box areas	Cleaning logs, CCTV, weather records for the date, managing agent complaint register
Lifts	Mechanical failure, uneven floor alignment with landing, doors closing too quickly, entrapment	Lift inspection certificates, service records, manufacturer maintenance schedule, CCTV from lift camera
Car parks (surface and underground)	Poor lighting, uneven surfaces, potholes, oil spills, inadequate pedestrian walkways, vehicle movement without separation	Lighting inspection logs, surface maintenance records, photographs, CCTV
Communal gardens and pathways	Mossy or algae-covered paving, broken steps, uneven paths, overgrown vegetation obscuring hazards, damaged boundary walls	Grounds maintenance records, photographs, OMC AGM minutes noting complaints
Bin stores and service areas	Slippery surfaces from leaking waste, broken glass, poor lighting, heavy bin store doors without assist mechanisms	Cleaning schedules, waste collection records, photographs

One aspect the official guidance does not cover: apartment common areas are not single-hazard environments. A stairwell fall often involves multiple contributing factors (failed lighting combined with a worn step nosing combined with a missing handrail). Identifying all contributing causes is essential because each one may point to a separate failure in the OMC's inspection and maintenance system.

What evidence strengthens an apartment common area claim?

CCTV footage, OMC meeting minutes, sinking fund records, managing agent contracts, fire safety inspection reports, and service charge complaint records are the key evidence sources in apartment common area claims in Ireland. The OMC structure generates documentary records that can prove both the existence of the hazard and the OMC's knowledge (or constructive knowledge) of it. These records do not arise in other public liability claims.

CCTV footage from common area cameras can show the hazard was present before the accident and for how long. Request preservation immediately. Under the General Data Protection Regulation, the data controller (usually the managing agent) must respond to an access request within one month. CCTV systems in apartment buildings typically overwrite footage after 7 to 30 days, so delays can be fatal to the claim. For more on CCTV as evidence, see CCTV and accident evidence.

OMC AGM minutes are filed with the Companies Registration Office¹³ and are accessible to any member. If residents raised concerns about a specific hazard (broken lighting, damaged steps, ice on pathways) at a previous AGM, those minutes prove actual notice. The OMC cannot later claim it was unaware of the problem.

Service charge accounts and sinking fund records reveal whether the OMC allocated sufficient resources for maintenance. A pattern of underfunding for essential repairs, combined with an accident caused by deferred maintenance, creates a strong inference of negligence.

Service charge complaints as formal notice. One detail that surprises clients: if a resident lodged a complaint about broken corridor lighting through the service charge dispute process, or raised it at an AGM, that complaint constitutes actual notice of the hazard under the 2023 five-factor test. The OMC cannot argue it was unaware of the danger when its own records contain written complaints about the same defect. These complaint records are accessible through discovery or through the OMC's own filings.

Building lifecycle reports are required for apartment developments built under newer planning guidelines. The national design standards for new apartments mandate that planning applications include a lifecycle report assessing long-term running and maintenance costs. The report details the expected lifespan of materials, flooring, handrails, lighting systems, and structural elements. If a specific component (anti-slip stair nosing, for example) degraded significantly faster than the lifecycle report predicted, this raises questions about installation quality or maintenance adequacy. If the OMC failed to follow the proactive maintenance schedule in the lifecycle report, a solicitor can use that failure to prove constructive notice of the hazard.

Managing agent contracts define the scope of the agent's duties. If the contract required weekly stairwell inspections and the agent performed them monthly (or not at all), this contractual failure may establish both breach and constructive notice.

Fire safety inspection reports and certificates document the condition of emergency lighting, fire doors, smoke detection, and escape routes. Under the Fire Services Acts,⁴ these records must be maintained by the OMC. Missing or incomplete fire safety records are themselves an indicator of systemic maintenance failure.

Incident report book entries and maintenance request logs held by the managing agent record previous hazard reports. These documents are obtainable through discovery if the managing agent does not produce them voluntarily.

Rapid repairs after the accident. If the OMC or managing agent fixes the hazard within hours or days of the accident, that repair does not help the defendant. The opposite is true: it demonstrates that the defect was real, that a fix was available, and that it could have been carried out before the accident occurred. What the timeline estimates don't account for: the physical evidence disappears when the repair is completed. A broken handrail replaced the next morning can no longer be inspected by an engineer. Photographs taken immediately after the fall, before any repair, are the single most important piece of evidence in these cases.

For general evidence principles, see evidence for public liability claims.

How do you make a claim for an apartment common area accident?

Five steps: report the accident and preserve CCTV, get medical attention, identify the correct defendant using the Common Area Control Test, notify the OMC within one month, and apply to the Injuries Resolution Board. The process follows the same statutory framework as other personal injury claims in Ireland, with the additional step of identifying the correct defendant before you begin.

Step 1: Report and preserve evidence. Report the accident to the managing agent or the OMC immediately. Ask for the incident to be recorded in the accident report book. Request that CCTV footage be preserved. Photograph the hazard, your injuries, and the surrounding area. Collect contact details for any witnesses.

Step 2: Get medical attention. Attend your GP or hospital and keep records of all treatment. Medical evidence linking your injuries to the accident is essential for both the IRB assessment and any court proceedings.

Step 3: Identify the correct defendant using the Common Area Control Test. Determine whether the OMC, the managing agent, or another party controlled the area where the accident happened. Check whether the common areas have been transferred to the OMC. This step is critical because pursuing the wrong party wastes time against a strict two-year limitation period.

Step 4: Notify the occupier. Under Section 8 of the Civil Liability and Courts Act 2004, you must notify the person against whom you intend to claim within one month of the accident, or as soon as practicable. In apartment claims, this notice should go to the OMC (care of the managing agent). For more detail, see how to make a public liability claim.

Step 5: Apply to the Injuries Resolution Board (IRB). All personal injury claims (except medical negligence and certain assault cases) must be submitted to the Injuries Resolution Board³ (formerly PIAB) before court proceedings can begin. The IRB assesses compensation based on medical reports and the Personal Injuries Guidelines. IRB mediation for public liability claims has been available since 8 May 2024. For the full IRB process, see public liability claims through the IRB.

What compensation can be claimed for apartment common area injuries?

Compensation for apartment common area injuries in Ireland is assessed using the same framework as all personal injury claims. The Personal Injuries Guidelines¹¹ set the bands for general damages (pain, suffering, and loss of quality of life), and special damages cover all financial losses caused by the injury.

General damages depend on the severity of the injury, the duration of symptoms, the impact on daily activities, and the prognosis for recovery. Special damages in apartment claims typically include medical and rehabilitation costs, physiotherapy, loss of earnings during recovery, travel expenses for treatment, and any home care or assistance costs. For a detailed explanation, see public liability compensation in Ireland, general damages, and special damages.

The timing matters more than most guides suggest: OMC claims are pursued against the OMC's public liability insurance policy. The lease covenant typically requires the OMC to maintain block insurance including public liability cover for common areas. If the OMC has allowed the policy to lapse or carries inadequate cover, this does not extinguish the claim, but it can complicate enforcement of any award. Investigating insurance coverage early is part of the Common Area Control Test assessment.

What time limits apply to apartment common area claims?

The standard limitation period for personal injury claims in Ireland is two years from the date of the accident, or from the date of knowledge if the injury was not immediately apparent. The Statute of Limitations 1957¹⁴ governs this deadline.

For children injured in apartment common areas, the two-year period does not begin to run until the child turns eighteen. A parent or guardian can bring the claim as next friend at any time before then. For more on claims involving children, see child public liability claims and claims on behalf of a minor.

For full detail on all applicable time limits, see time limit for public liability claims.

When should you speak to a solicitor about an apartment common area accident?

As early as possible after the accident. Apartment common area claims are more complex than standard public liability claims because the liable party is not always obvious. The OMC, the managing agent, and (in rare cases) the developer may all bear a share of responsibility. Identifying the correct defendant, preserving OMC records before they are lost, and complying with the one-month notification and two-year limitation periods all require early action.

If you have been injured in a stairwell, lobby, car park, communal garden, or any other shared space within an apartment development in Ireland, contact Gary Matthews Solicitors for a case assessment. Call 01 903 6408. We act for clients across Ireland on a No Win No Fee basis.

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

Common questions about apartment common area claims

Who is responsible for maintaining common areas in an apartment building in Ireland?

The Owners' Management Company (OMC) is responsible for maintaining common areas under the Multi-Unit Developments Act 2011.² The OMC funds maintenance through annual service charges paid by unit owners and may delegate day-to-day work to a licensed managing agent. The individual landlord of a rented apartment is not responsible for shared stairwells, lobbies, car parks, or gardens.

Can I claim compensation if I fall on the stairs in my apartment block?

You may have a valid claim if the fall was caused by a hazard such as failed lighting, a broken handrail, a loose step nosing, or a wet surface that the OMC or managing agent knew about (or should have known about through reasonable inspections). The claim is usually directed at the OMC's public liability insurer. See slip, trip and fall claims for general guidance on this type of accident.

Is the management company or the landlord liable for an accident in a common area?

In most cases, the OMC is liable because the OMC owns and controls the common areas. The individual landlord controls only the interior of the rented apartment. Apply the Common Area Control Test: identify who owns the space, who contracted to maintain it, and who had notice of the hazard. For detailed analysis, see claims against landlords and property managers.

What is the time limit for making a claim after an accident in an apartment building?

Two years from the date of the accident, or from the date you first became aware of the injury. For children, the two-year period starts on their eighteenth birthday. See time limit for public liability claims.

What evidence do I need for a common area accident claim?

Apartment-specific evidence includes CCTV footage from common area cameras, OMC AGM minutes (especially any that record complaints about the hazard), service charge accounts and sinking fund records, the managing agent's maintenance logs, fire safety inspection reports, and the managing agent's contract with the OMC. Standard evidence such as photographs, witness contact details, medical reports, and the incident report book entry are also essential. See evidence for public liability claims.

Do I have to go through the IRB for an apartment accident claim?

Yes. All personal injury claims in Ireland (with limited exceptions for medical negligence and certain assault cases) must first be submitted to the Injuries Resolution Board before court proceedings can begin. See public liability claims through the IRB.

Can I claim if the common areas were never transferred to the management company?

Yes. If the developer failed to transfer common areas as required by the Multi-Unit Developments Act 2011, the developer (or its successor) may remain the occupier and liable party. The High Court in In the Matter of Heidelstone Company Ltd [2006] IEHC 408 confirmed that developers hold untransferred common areas in trust for unit owners. Identifying the correct defendant in these cases requires legal investigation.

What happens if the management company has no insurance?

The absence of public liability insurance does not extinguish your right to claim. The OMC remains liable as the occupier. Enforcement of any court award may be more complex, but options include pursuing the OMC's assets, its members collectively, or the managing agent if the agent contributed to the negligence. Investigating insurance coverage early is strongly recommended.

Should I contact the RTB or the IRB after an apartment accident?

The Injuries Resolution Board (IRB) handles personal injury compensation claims. The Residential Tenancies Board (RTB) handles tenancy disputes between landlord and tenant, such as repair obligations or deposit disputes. A personal injury claim for a common area accident must go to the IRB. Filing with the RTB will not start the correct process and may put the two-year limitation period at risk.

Can I claim if I slipped on ice in an apartment car park or pathway?

Possibly, but Irish courts have set clear limits. In Ahmed v Castlegrange Management Company [2022] IECA 269, the Court of Appeal held that an OMC is not required to proactively grit all external areas in anticipation of freezing weather. Whether a claim succeeds depends on whether the OMC had a weather monitoring system, whether gritting was practicable in that location, and whether the resident took reasonable care given the visible conditions. The 2023 five-factor test (cost and practicability of precautions, probability of injury, severity) applies directly to ice claims.

Can a visitor or delivery worker claim for an accident in apartment common areas?

Yes. Anyone lawfully present in an apartment common area is classified as a visitor under the Occupiers' Liability Act 1995. The OMC owes the same common duty of care to a food delivery worker entering the lobby, a friend visiting a resident, a tradesperson carrying out repairs, or a guest staying in a short-term let. The status of the person's host (owner, tenant, or Airbnb operator) does not affect the OMC's duty on the common areas.

References

Primary Irish sources cited above. All links checked April 2026.

1. Occupiers' Liability Act 1995 (Revised), Law Reform Commission
2. Multi-Unit Developments Act 2011, Irish Statute Book
3. Making a claim, Injuries Resolution Board
4. Fire Services Acts 1981 and 2003, Irish Statute Book
5. Sinking Funds in Apartments, Society of Chartered Surveyors Ireland (2018)
6. Courts and Civil Law (Miscellaneous Provisions) Act 2023, Irish Statute Book
7. Management companies for apartment blocks, Citizens Information
8. Investigation of complaints, Property Services Regulatory Authority
9. Multi-Unit Developments Act 2011, Section 13, Irish Statute Book
10. Residential Tenancies Board
11. Personal Injuries Guidelines, Judicial Council
12. Data Protection Commission
13. Companies Registration Office
14. Statute of Limitations 1957, s.11, Irish Statute Book

Related guides on this topic: Public liability claims Ireland · Claims against landlords · Slip, trip and fall claims · Occupiers' Liability Act 1995 · Duty of care · Car park accident claims · How to make a public liability claim

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