Negligence in Public Liability Claims: How Irish Law Determines Fault After a Premises Accident
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 •
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
A public liability solicitor in Dublin represents people injured in shops, hotels, restaurants, footpaths, car parks, schools, and other premises open to the public. These claims fall under the Occupiers' Liability Act 1995 [1], which was amended by the Courts and Civil Law (Miscellaneous Provisions) Act 2023 [2] to introduce new tests for liability and a statutory defence of voluntary assumption of risk. According to the Injuries Resolution Board (IRB) 2024 Annual Report [3], formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, the median public liability award was €13,660, with 4,780 public liability applications and claim volumes unchanged from 2023.
In short: Injured in a shop, hotel, footpath, or public place in Dublin? Report the accident on-site → see a doctor within 24 hours → issue a Section 8 notice within one month → apply to the IRB with a medical report. The occupier must have breached a duty of care under the Occupiers' Liability Act 1995 (as amended 2023). A Dublin solicitor experienced in premises claims can assess your case for free. Call 01 903 6408.
Quick answers:
Contents
Do You Have a Valid Public Liability Claim?
A public liability claim in Ireland requires proof that the occupier of a premises breached their duty of care, and that this breach caused your injury. Under the Occupiers' Liability Act 1995 [1], the person or business controlling a premises owes a "common duty of care" to lawful visitors. The Act separates entrants into three categories with different levels of protection: visitors (highest duty), recreational users, and trespassers (lowest duty).
A detail that catches many claimants off guard: simply falling on someone's premises does not automatically create a claim. You must show that a specific hazard existed, that the occupier knew or should have known about it, and that they failed to take reasonable steps to remove the danger or warn you. A wet floor left unmopped for 40 minutes with no warning sign is different from a floor mopped five minutes earlier with a cone in place.
Public liability claims in Dublin typically arise from slip, trip, and fall accidents, falling objects, defective flooring, poor lighting, broken equipment, or dangerous surfaces on public footpaths. The claim runs against the occupier's insurance, not the individual directly. Most businesses, local authorities, and venues carry public liability insurance cover for exactly this purpose.
The four elements your claim must prove:
1. Duty: The occupier owed you a duty of care (established by the Occupiers' Liability Act 1995). 2. Breach: They failed to meet that duty through action or inaction. 3. Causation: Their failure directly caused your accident. 4. Damage: You suffered a measurable injury or financial loss as a result. All four elements must be present. If the occupier can show they took reasonable steps, or that you accepted the risk through your own conduct, the claim may not succeed. See how to prove a public liability claim for a detailed breakdown.
Quick Claim Check: Do You Have a Valid Public Liability Claim?
Answer four questions to see if your accident may support a claim. This is not legal advice.
1. Were you injured on someone else's premises?
Shops, hotels, restaurants, footpaths, car parks, schools, gyms, public buildings
How Do the 2023 Occupiers' Liability Act Changes Affect Your Claim?
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 [2] amended three sections of the 1995 Act, making it harder to hold occupiers liable and giving defendants new statutory defences. These changes took effect on 31 July 2023. Every premises accident that happened after that date is assessed under the new rules.
The amended Section 3 now requires courts to weigh five specific factors before deciding whether an occupier breached their duty to a visitor:
Five factors courts must consider under the amended Section 3 (Occupiers' Liability Act 1995):
1. Probability the danger existed at all. A theoretical risk is not enough. 2. Probability of injury from that danger. Obvious risks carry less weight. 3. Probable severity of injury. Minor risk of minor harm is treated differently from serious risk of serious harm. 4. Cost and practicability of prevention. Could the occupier have removed the hazard at reasonable cost? 5. Social utility of the activity creating the risk. Playgrounds, adventure parks, and sporting venues can argue public benefit.
The most consequential change for Dublin claimants is the new Section 5A on voluntary assumption of risk. Before July 2023, an occupier needed a written waiver or agreement to argue that a visitor accepted a known risk. The 2023 Act removed that requirement entirely. A court can now find that you accepted a risk based on your words or conduct alone, with no signed document needed. According to analysis by William Fry [6], this "dramatically alters how a Dublin solicitor must assess the initial viability of a slip, trip, or fall claim."
From handling premises cases since the 2023 amendments took effect, the defence of voluntary assumption of risk is now being raised more frequently in Dublin claims involving recreational facilities, pub beer gardens, and outdoor seating areas. Understanding how to counter this defence is now a core requirement for any solicitor handling public liability in Dublin.
Recreational users and trespassers face a higher bar. The 2023 Act changed the standard for occupier liability to recreational users and trespassers from "reasonable grounds for believing" a danger existed to a test of whether the occupier "knew of, or was reckless" about the danger. This is a harder test for the claimant to meet. Source: Kennedys Law [7].
Recent case law applying these changes
Byrne v Ardenheath Company Limited [2017] IECA 293. The Court of Appeal held that in assessing an occupier's duty of care, the court must weigh the level of care a visitor may reasonably take for their own safety, the likelihood of the accident, the severity of injury, and the cost of removing the risk. This reasoning was later codified by the 2023 Act. Why it matters: It confirms that Dublin courts already applied personal responsibility principles before 2023. Source: Courts Service [14].
Scanlan v McDonnell T/A The Woodlands Caravan & Camping Park [2024] IEHC. The High Court distinguished between "usual" and "unusual" dangers. The court held that an occupier is not liable under the amended Section 3 if the hazard was a standard, foreseeable risk that the visitor could have avoided by exercising reasonable care. Why it matters: It sets a precedent that visible, obvious risks (like a cable on open ground) may not support a claim under the new rules. Source: CKT Solicitors [15].
Ireland vs UK: different rules apply. Irish public liability claims run under the Occupiers' Liability Act 1995 (as amended 2023) and the IRB process. UK claims follow the Occupiers' Liability Act 1957/1984 and have no equivalent assessment board. Time limits, duty of care tests, and compensation guidelines differ between the two jurisdictions. This page covers Irish law only.
What Is the One-Month Section 8 Deadline?
Under Section 8 of the Civil Liability and Courts Act 2004 [4], a claimant must send a written notice of claim to the occupier within one month of the accident. This is not the same as the two-year statute of limitations. The one-month notice is a separate, earlier requirement, and failing to meet it carries real consequences.
If a court finds that the claimant failed to issue a Section 8 notice within one month and cannot provide a reasonable excuse, the judge is required by statute to draw adverse inferences about the credibility of the claim. The court can also reduce or refuse legal costs, even if the claimant wins the case. According to analysis by Philip Vint & Co Solicitors [8], this one-month window (reduced from two months in 2019) makes early solicitor engagement essential.
The timing matters more than most guides suggest: a person who slips in a Dublin supermarket on a Monday and waits until the following month to contact a solicitor has already lost most of the one-month window. Contacting a solicitor within the first week allows time to draft and serve the notice correctly, request CCTV preservation, and arrange a medical examination, all before the statutory clock runs out.
The "protective application" no longer works. Before September 2023, solicitors could file a skeleton application to the IRB just before the two-year limitation expired, pausing the statutory clock while medical reports were being prepared. Under the Personal Injuries Resolution Board Act 2022 [16], an application is now treated as incomplete, and the limitation period is not paused, unless a formal treating medical report accompanies it at the moment of filing. Waiting until the final weeks of the two-year window is now far more dangerous than it was before this change.
Section 8 Deadline Calculator
Enter your accident date to see how many days remain in the one-month notification window.
This calculator provides a general indication only. Exact deadlines depend on specific facts. Consult a solicitor.
Injured in a public place in Dublin?
The one-month Section 8 deadline applies from the date of your accident. Contact us now for a free case assessment.
Call 01 903 6408What Should You Do Immediately After a Public Place Accident?
The actions you take in the first 24 hours after a premises accident in Ireland directly affect the strength of your claim. Evidence disappears quickly. CCTV overwrites, hazards get cleaned, and witnesses leave. Taking these steps in order protects your position.
1. Get medical attention. See a GP or attend A&E, even if your injuries feel minor. A medical record created within 24 hours of the accident links your injury to the incident. The IRB requires a formal treating medical report with every application.
2. Report the accident on-site. Tell the manager, owner, or person in charge. Ask them to record it in the accident report book and request a copy of that entry before you leave.
3. Photograph the hazard. Capture the spill, broken tile, raised paving, missing sign, or whatever caused your fall. Include wider shots showing the location and any absence of warning signs.
4. Collect witness details. Names and phone numbers of anyone who saw the fall or the hazard. Independent witnesses carry more weight than family members.
5. Request CCTV preservation in writing. Ask the premises to preserve footage covering the time of the accident. Follow up with a written request (email or letter) the same day. Footage can be overwritten within 7 days in smaller venues.
6. Contact a solicitor within the first week. This allows time to issue the Section 8 notice [4] within the one-month deadline, preserve evidence formally, and start the IRB application process.
What Evidence Strengthens a Public Liability Claim?
The evidence that strengthens a public liability claim goes well beyond photos and witness names. In Dublin premises cases, the occupier's own internal records are often decisive. Proving a public liability claim means connecting the hazard to a failure in the occupier's system.
| Evidence type | Why it matters | Timing pressure |
|---|---|---|
| Cleaning and inspection logs | A gap in the log before a spill proves the occupier wasn't checking. No log at all raises a presumption of negligence. | Request within days; records can be altered or discarded. |
| CCTV footage | Shows the hazard, duration, and whether staff had notice. Most commercial systems overwrite in 7 to 28 days. | Request in writing within the first week. Once overwritten, it's gone permanently. |
| Accident report book entry | Formal record of the incident. Absence of an entry doesn't defeat a claim but having one strengthens it. | Request a copy before leaving the premises. |
| Medical records | Connect the accident to the injury. The IRB requires a formal treating medical report with every application. | See a GP or A&E within 24 hours. |
| Photos of the hazard and scene | Capture the condition that caused the fall: the spill, the broken tile, the uneven kerb, the missing warning sign. | Take at the scene. A photo the next day is less persuasive. |
| Witness contact details | Independent witnesses who saw the hazard and the fall carry significant weight. | Collect names and phone numbers before leaving. |
One aspect the official guidance doesn't cover: in Dublin supermarket and shopping centre cases, the cleaning log is often the single most important document. A gap showing no recorded inspection in the hour before a customer slipped on a spill can be decisive. Requesting preservation of these records early, through a solicitor's letter, prevents the occupier from claiming the records were "not available."
A warning sign alone does not remove the occupier's duty of care. If the hazard could have been cleaned, repaired, or barricaded at reasonable cost, placing a cone beside it is not a complete defence. The 2023 Act's five-factor test still requires the court to consider the practicability of prevention, not just whether a sign was present.
CCTV retention: why the first week matters
Most Dublin premises overwrite CCTV footage on a rolling cycle. From handling premises claims across Dublin, typical retention periods are: large supermarket chains retain footage for 14 to 21 days, hotel lobby and corridor cameras for 28 to 30 days, Dublin Bus and Luas on-board cameras for approximately 14 days, and small retail units for as few as 7 days. Dublin City Council street cameras vary by area and camera type, with some retaining as little as 72 hours. A formal written preservation request, sent by your solicitor to the occupier within the first week, is the only reliable way to prevent footage from being overwritten before it can be reviewed.
What Mistakes Weaken a Public Liability Claim?
Certain actions taken at the scene or in the weeks after a premises accident can damage a claim before it starts. These are the errors that cause the most problems in practice.
Saying "it was my fault" or "I'm fine" at the scene. Shock and embarrassment lead people to downplay what happened. Anything you say may be recorded in the accident report and used later by the insurer to argue you accepted blame or weren't injured.
Accepting an offer from the occupier's insurer without legal advice. Insurers sometimes contact claimants directly with an early settlement offer. These offers are almost always below what the claim is worth under the Personal Injuries Guidelines. Once accepted, you cannot reopen the claim.
Delaying medical attention beyond 24 hours. A gap between the accident and your first medical visit gives the insurer grounds to argue the injury was pre-existing or caused by something else. Attend a GP or A&E on the same day or the next morning.
Posting about the accident on social media. Photos of activities, travel, or events posted after the accident can be used to challenge the severity of your injuries. Insurers actively monitor claimants' public social media profiles.
Not requesting the accident report entry. The accident report book is the occupier's own record. If no entry exists, the insurer may argue the accident was not reported or did not happen as described. Always ask to see the entry and take a photo of it.
How Does the IRB Process Work for Public Liability Claims?
All public liability personal injury claims in Ireland (except medical negligence) must be submitted to the Injuries Resolution Board (IRB) [3] before court proceedings can begin. The IRB assesses compensation without the need for litigation. A solicitor prepares and submits the application on your behalf.
The process follows a defined sequence. First, the claimant notifies the respondent (the occupier or their insurer) of the claim. The respondent then has 90 days to confirm whether they consent to the IRB assessing the claim. If they consent, the IRB typically completes its assessment within an average of 11.2 months, according to the IRB 2024 Annual Report [3]. In 2024, 50% of all IRB assessments were accepted by both sides, up from 48% in 2023, resolving the claim without court proceedings.
The difference between assessment and acceptance often comes down to whether the medical evidence is strong enough to support the award bracket. A well-prepared application with a detailed treating medical report, supported by specialist referrals where needed, is more likely to produce an assessment that both sides accept.
According to Central Bank NCID data [5], the average legal fees through the IRB were just €597, compared to €24,786 through litigation. Compensation amounts through both routes were nearly identical in 2023: €23,794 through IRB assessment versus €23,803 through court, according to Mason Hayes Curran analysis of IRB and NCID data [18]. Engaging a solicitor who can prepare the IRB application effectively saves years and thousands in legal costs.
IRB mediation option (since late 2023): The IRB now offers free mediation for public liability claims, targeting resolution within three months. Unlike the standard assessment track, mediation allows both sides to discuss and negotiate liability directly. The standard paper-based assessment assumes liability and only determines quantum. If liability is genuinely contested (for example, where the occupier argues the claimant accepted the risk under Section 5A), the mediation track can resolve that dispute without court. Source: Citizens Information [9].
One detail that surprises clients: claims for wholly psychological injuries following premises accidents are now assessed by the IRB. Under the old PIAB system, claims involving post-traumatic stress, anxiety, or depression after a fall were frequently released to court because of their complexity. According to the IRB H2 2024 Award Values Report [11], psychiatric injury awards rose from 5% of all awards in 2021 to 14% in H2 2024. For public liability claimants who developed anxiety about returning to the premises or experienced ongoing psychological effects after a serious fall, this is a direct route to compensation that didn't exist in practice five years ago.
What happens on the other side: the insurer's response
After a public liability claim is notified, the occupier's insurer typically appoints a loss adjuster to investigate. The adjuster requests the premises' cleaning and inspection logs, reviews CCTV if it still exists, takes statements from staff who were on duty, and checks whether warning signs or barriers were deployed. This process explains why early evidence preservation matters so much. If a solicitor sends a preservation letter before the loss adjuster arrives, the insurer cannot later claim that the records were unavailable. If the CCTV has already overwritten and the cleaning log has gaps, the insurer's ability to mount a defence weakens. Understanding what the other side is doing, and when, puts the claimant's preparation on a stronger footing.
Typical timeline for a Dublin public liability claim
| Stage | Typical timing | What happens |
|---|---|---|
| Week 1 | Day 1 to 7 | Medical attention, accident report, photos, CCTV preservation request, contact solicitor |
| Month 1 | Within 30 days | Section 8 notice served on the occupier. Medical report arranged. Evidence compiled. |
| Months 2 to 3 | Once medical report received | IRB application submitted with treating medical report and €45 online fee |
| Months 3 to 6 | 90-day respondent window | Respondent (occupier's insurer) decides whether to consent to IRB assessment |
| Months 6 to 14 | Average 11.2 months | IRB assesses the claim and issues an award. Mediation may resolve it within 3 months. |
| Month 14+ | If assessment rejected | IRB issues Authorisation. Solicitor issues court proceedings. Litigation typically takes 2 to 6 years. |
How Much Compensation for a Public Liability Claim in Ireland?
Public liability compensation in Ireland is assessed under the Judicial Council's Personal Injuries Guidelines (April 2021) [10], which replaced the earlier Book of Quantum. Awards depend on the type and severity of injury, the duration of recovery, the impact on daily life, and any ongoing prognosis. Every case is different and outcomes vary.
| Measure | 2024 figure | Change since 2020 |
|---|---|---|
| Median public liability award | €13,660 | Down 34% |
| Average overall personal injury award | €18,967 | Down 21% |
| Total compensation awarded (all categories) | €168 million | Down 39% from 2019 |
A proposed 17% uplift to the Personal Injuries Guidelines was formally rejected by the Irish Government in July 2025, according to the Department of Enterprise [12]. The original 2021 brackets remain in force. This means public liability compensation levels have not changed since the guidelines were adopted, despite significant inflation over that period.
Guideline ranges for common slip, trip, and fall injuries
| Injury type | Minor to moderate | Moderate to serious |
|---|---|---|
| Ankle fracture | €6,000 to €18,000 | €18,000 to €50,000 |
| Wrist fracture | €6,000 to €16,000 | €16,000 to €45,000 |
| Knee ligament injury | €6,000 to €20,000 | €20,000 to €70,000 |
| Lower back injury | €6,000 to €18,000 | €18,000 to €80,000 |
| Shoulder injury | €6,000 to €18,000 | €18,000 to €65,000 |
Source: Judicial Council Personal Injuries Guidelines [10]. Multiple injuries are not simply added together. The IRB assesses the most significant injury first and adjusts for any lesser injuries. A solicitor can map your specific injuries to the relevant brackets based on medical evidence.
Compensation splits into two categories. General damages cover pain, suffering, and loss of quality of life. Special damages cover financial losses: medical expenses, lost earnings, travel costs for treatment, care costs, and rehabilitation. Both are assessed by the IRB or the court.
Pending: Civil Reform Bill 2025 court threshold changes. The Bill proposes increasing the Circuit Court limit from €60,000 to €100,000 and the District Court limit from €15,000 to €20,000. If enacted, more public liability claims will be heard in lower courts. The Bill also introduces strict case-conduct principles that penalise early procedural mistakes, reinforcing the importance of engaging a solicitor before the first deadline passes. Source: Kennedys Law [17]. This is proposed legislation and has not yet been enacted.
Common Dublin Premises Accident Scenarios
The IRB's 2025 public liability report found that falls on the same level accounted for 15,000 claims and €90 million in compensation between 2019 and 2023. Uneven footpaths were the leading cause of outdoor fall injuries, and Dublin and Limerick showed disproportionately high claim volumes relative to population. Source: RTÉ [13].
Dublin public liability claims most commonly involve these premises types:
Supermarkets. Spills, falling stock, wet floors, and missing warning signs. The claim runs against the store management company. Cleaning logs and CCTV from overhead aisle cameras are typically the decisive evidence.
Hotels. Wet bathroom floors, broken stairs, and poor lighting in corridors. The claim runs against the hotel operator. Incident reports and guest complaint logs often reveal a pattern of known hazards.
Restaurants and pubs. Spills, uneven flooring, cluttered fire exits, and outdoor seating risks. The claim runs against the premises licence holder.
Public footpaths. Broken paving, potholes, raised kerbs, and uneven surfaces. The claim runs against Dublin City Council or the relevant local authority.
Shopping centres. Wet floors, escalator defects, and unsafe common areas. The claim runs against the centre management company, which is often different from the individual shop where the accident occurred.
Schools. Defective play equipment, wet corridors, and unsupervised activities. The claim runs against the board of management.
Gyms. Faulty equipment, wet changing rooms, and trip hazards. The claim runs against the gym operator.
Car parks. Poor lighting, potholes, uneven surfaces, and ice. The claim runs against the car park operator or landowner.
Dublin City Council footpath claims are among the most common premises claims handled in Dublin. The council's standard defence is that it operates a "reasonable system of inspection." Defeating that defence requires evidence that the specific defect, whether a raised paving slab, a pothole, or a broken kerb, existed long enough that a reasonable inspection system would have identified and repaired it before the accident.
Claims for children injured in public places follow the same process but with different rules. The two-year statute of limitations does not begin until the child turns 18, giving parents more time but not removing the need for early action (evidence still disappears). A parent or guardian acts as the "next friend" and brings the claim on the child's behalf. Any settlement for a minor must be approved by a court to protect the child's interests. See child public liability claims and claims on behalf of a minor for full details.
Why a Dublin Solicitor Matters for Premises Claims
Public liability claims in Dublin involve specific occupiers, local authorities, and court venues that a Dublin-based solicitor deals with regularly. Dublin City Council has its own claims-handling protocols and inspection records. Dublin shopping centres and hotel chains have specific CCTV systems, incident-reporting procedures, and insurer panels. Familiarity with these systems affects how quickly evidence is preserved and how effectively the claim proceeds through the IRB or court.
Between the one-month Section 8 deadline [4], the two-year statute of limitations, and the fact that most commercial CCTV systems overwrite footage within 7 to 28 days, the window for building a strong premises case is narrow. A solicitor who handles Dublin public liability claims regularly knows which venues respond to preservation requests and which require court orders.
People aged 65 and over account for 31% of outdoor fall claims in Ireland, despite representing approximately 15% of the population, according to IRB research [13]. Elderly slip and fall claims often involve more serious injuries and longer recovery periods, making the choice of solicitor more consequential.
Free Public Liability Case Assessment
Tell us about your accident. We'll assess whether you have a claim and explain the next steps. No charge, no obligation.
Call 01 903 6408What Should You Bring to Your First Solicitor Meeting?
Preparing for your first consultation speeds up the assessment and protects evidence. Bring everything you have, even if you're unsure whether it's relevant. A solicitor can identify what matters.
Bring: photos of the hazard and your injuries taken at the scene, the clothing and footwear you wore (don't wash them), any accident report book entry or copy, the name and address of the premises, names and contact details of witnesses, your GP's name and address, any A&E or hospital records, receipts for medical expenses or prescriptions, and proof of lost earnings if you missed work. If you have already written down what happened in your own words, bring that too.
Don't worry if you're missing items. A solicitor can request CCTV, cleaning logs, and formal records on your behalf. The priority is to start the process before evidence is lost.
What "no win, no fee" means for public liability claims in Ireland
Under Section 149 of the Legal Services Regulation Act 2015, a solicitor in Ireland cannot charge fees calculated as a percentage of any award or settlement. "No win, no fee*" means the solicitor's professional fees are not charged if the claim is unsuccessful. Outlays (costs such as medical report fees and court filing fees) are handled separately and discussed upfront. Fee arrangements are agreed in writing before work begins. See our full explanation of no win, no fee agreements for more detail.
Speak to a Dublin Public Liability Solicitor
Gary Matthews Solicitors is a Dublin-based personal injury and medical negligence firm with over 20 years of specialist experience. We handle public liability claims for accidents in shops, hotels, restaurants, footpaths, car parks, schools, and other premises across Dublin and nationwide. Every case is assigned to a named solicitor who manages it from start to resolution.
Rated 4.8 out of 5 from 1,164 Google reviews. We offer a free initial case assessment for public liability claims. No charge, no obligation. Call 01 903 6408 or request a callback. Available seven days a week, including weekends and bank holidays.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Common Questions About Public Liability Claims in Dublin
How long do I have to make a public liability claim in Ireland?
The general time limit for a public liability claim is two years from the date of the accident or the date of knowledge of the injury. For children, the two-year period does not start until they turn 18. A separate one-month Section 8 notification deadline also applies.9
Do I need a solicitor to make a public liability claim?
You are not legally required to use a solicitor. The IRB process can be accessed directly. Central Bank NCID data5 shows that compensation amounts through the IRB and through court are nearly identical, but legal fees through the IRB average €597 compared to €24,786 through litigation. If the IRB assessment is rejected and the case proceeds to court, a solicitor manages the proceedings, evidence, and advocacy.
What is the difference between public liability and employers' liability?
Public liability covers injuries to visitors, customers, and members of the public on premises. Employers' liability covers injuries to employees during their work. The legal tests, the insurance policies, and the claim routes are different. See public liability vs employers' liability for a full comparison.
Can I still claim if I was partly at fault for the accident?
Yes. Irish law allows for contributory negligence. If a court finds you were 25% responsible for your injury, your compensation is reduced by 25%. Since the 2023 Occupiers' Liability Act amendments, courts can also find that a visitor voluntarily assumed a risk through their conduct, which may remove the occupier's liability entirely.2
How much does a public liability solicitor in Dublin cost?
Many Dublin personal injury solicitors, including Gary Matthews Solicitors, offer a free initial consultation and handle cases on a no win, no fee* basis. The asterisk reflects the Legal Services Regulation Act 2015, s.149, which prohibits solicitors from charging fees as a percentage of any award or settlement. Fees are agreed separately and depend on the complexity of the case.
What happens if the occupier refuses to engage with the IRB?
The respondent has 90 days to confirm whether they consent to the IRB assessing the claim. If they refuse, the IRB issues an Authorisation allowing the claimant to bring court proceedings. The claim then moves to the Circuit Court (for claims up to €60,000) or the High Court (above €60,000).3
How long does a public liability claim take?
Through the IRB, the average assessment takes 11.2 months from application. If accepted by both sides, the claim resolves without court. If the claim proceeds to litigation, resolution typically takes two to six years.3 5
What changed in the Occupiers' Liability Act in 2023?
The Courts and Civil Law (Miscellaneous Provisions) Act 20232 introduced a five-factor test for assessing duty of care to visitors, allowed courts to find voluntary assumption of risk through conduct alone (no written waiver needed), and raised the threshold for liability to recreational users and trespassers. These changes apply to all accidents after 31 July 2023.
Related Questions People Ask Next
What if I didn't report the accident at the time?
Failing to report on-site does not automatically defeat a claim, but it weakens it. A late report to a GP, a follow-up letter to the premises, or a witness statement confirming the incident can partially fill the gap. The key question is whether the hazard can still be proven to have existed at the time of the fall. Contact a solicitor promptly to assess what evidence can still be recovered.
Can I claim against Dublin City Council for a footpath fall?
Claims against local authorities follow the same IRB process but carry an extra layer of complexity. The council will argue it operates a "reasonable system of inspection." Defeating this requires evidence the defect existed long enough to be caught by a proper inspection cycle. Photos of the defect, council repair records obtained through FOI, and records of prior complaints about the same location all strengthen this type of claim.
What if the shop or hotel has closed since my accident?
The claim runs against the occupier's public liability insurer, not the business itself. If the business has ceased trading, the insurer remains liable under the policy that was active at the time of the accident. A solicitor can identify the correct insurer through correspondence records, Companies Registration Office filings, or insurance industry databases.
References
- Occupiers' Liability Act 1995, Irish Statute Book.
- Courts and Civil Law (Miscellaneous Provisions) Act 2023, Irish Statute Book.
- Injuries Resolution Board Annual Report 2024, injuries.ie.
- Civil Liability and Courts Act 2004, s.8, Irish Statute Book.
- NCID Employers & Public Liability Insurance Report, Central Bank of Ireland.
- Changes to Law on Occupiers' Liability in Ireland, William Fry (2023).
- Overview of changes to Irish occupiers' liability act, Kennedys Law (2023).
- Letter of Claim Within One Month, Philip Vint & Co Solicitors.
- Injuries Resolution Board, Citizens Information.
- Personal Injuries Guidelines (2021), Judicial Council.
- Award Values Report H2 2024, Injuries Resolution Board.
- Minister Burke publishes independent report on injury compensation, Department of Enterprise (October 2025).
- 40% drop in public liability claims in past four years, RTÉ (January 2025).
- Courts Service of Ireland, courts.ie.
- Usual Danger v Unusual Danger: Occupiers' Liability Update, CKT Solicitors (2024).
- Personal Injuries Resolution Board Act 2022, Irish Statute Book.
- The Impact of the Civil Reform Bill 2025 on Insurance Litigation, Kennedys Law (2026).
- Reforms vs Reality: The State of Personal Injury Claims in Ireland, Mason Hayes Curran (2025).
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation.
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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