Event and Venue Accident Claims in Ireland

Gary Matthews, Personal Injury Solicitor Dublin

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

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If you have been injured at an event in Ireland, you can make a claim for compensation under Irish public liability law. An accident at an event rarely involves just one responsible party. The venue owner, event organiser, security contractor, and equipment supplier may each owe a separate duty of care under different Irish laws. Under the Civil Liability Act 1961 (s. 12) [1], all concurrent wrongdoers can be pursued for the full compensation amount. This page covers Irish law specifically, including the Occupiers' Liability Act 1995 and the two-year limitation period that applies in Ireland (not the three-year period that applies in England and Wales).

At a glance: Identify all liable parties (venue owner, organiser, security, contractors) → preserve evidence within 48 hours → notify the occupier within one month (s. 8 Civil Liability and Courts Act 2004 [2]) → file with the Injuries Resolution Board [3] (IRB, formerly PIAB) within two years → court proceedings if needed.

Multiple defendants: Venue owner, organiser, and security company may all share liability. You can pursue any of them for the full amount. 1
One-month notice: Notify the occupier of the premises within one month of the accident. 2
Two-year time limit: Claims must reach the IRB within two years of the accident or date of knowledge. Citizens Information [4]
2023 law changes: New defences for occupiers: voluntary assumption of risk and social utility. Courts and Civil Law (Miscellaneous Provisions) Act 2023 [5]
Three critical deadlines in an event accident claim: 48 hours for evidence, one month for occupier notification, two years for filing with the IRB 48h Preserve Evidence 1 mo Notify occupier s. 8 notice 2 yrs File with IRB Limitation Accident date →
Three critical deadlines for event accident claims in Ireland. The evidence window (48 hours) is the tightest constraint in practice.
Contents

Who is liable for an event accident in Ireland?

Liability at an Irish event typically falls across three to six parties, not just the organiser. A concert, festival, or corporate function involves several separate entities, each with distinct legal duties. Under the Occupiers' Liability Act 1995 (s. 3) [6], the venue owner owes a common duty of care to every visitor. The event organiser owes a parallel duty under common law negligence. Security contractors, staging companies, and food vendors each carry their own obligations.

The event liability chain describes the layers of responsibility at a typical Irish event. When an accident occurs, identifying every party in this chain is the first step a solicitor takes.

Parties in the event liability chain
Potentially liable partyPrimary legal dutyTypical failures
Venue owner or premises holderOLA 1995 s. 3: maintain safe premises, ensure fire exits are clear, fix structural defectsBroken flooring, blocked exits, inadequate lighting, faulty stairways
Event organiser or promoterCommon law negligence: plan safe event operations, conduct risk assessments, manage crowd flowOvercrowding beyond licensed capacity, poor crowd management, insufficient stewards
Security contractorContractual and tortious duty: control access, respond to incidents, prevent foreseeable harmInsufficient personnel, failure to manage crowd surges, delayed response
Equipment or staging supplierDuty of care in supply and erection of temporary structures (stages, barriers, marquees)Barrier collapse, unstable staging, marquee failure in wind, inadequate anchoring
Food and beverage vendorFood safety regulations and general negligenceSpill hazards on serving areas, food contamination, uneven vendor stall flooring
Local authority (if public land or licensor)Statutory duties under event licensing and premises maintenanceFailure to enforce licence conditions, defective public paths at event site

The Civil Liability Act 1961 (s. 11) [7] defines concurrent wrongdoers as two or more persons responsible for the same damage. Section 12 imposes joint and several liability 1. A claimant can recover the full compensation amount from any single defendant in the chain. The burden of seeking contributions from the other defendants falls on the party that pays, not on the injured person. A detail that catches many claimants off guard: you do not need to identify the "most liable" party before making your claim. A solicitor experienced in public liability claims in Ireland will target the defendant with the strongest insurance cover.

The event liability chain from venue owner to local authority Venue Owner OLA 1995 Organiser Negligence Security Co. Contract + Tort Staging / Equip. Supply duty Local Authority Licensing duties All may be concurrent wrongdoers under Civil Liability Act 1961
The event liability chain: each party carries a separate legal duty, and all may share liability for the same injury.

Identifying the correct occupier at an event

The company name on an event ticket is often not the occupier of the premises. The venue may be owned by one company, leased to a second, and managed by a third. The event organiser itself may be a limited company, a sole trader, or an unincorporated committee. One detail that catches many claimants off guard: naming the wrong entity on IRB Form A can delay the entire claims process by months. A solicitor will typically run a Companies Registration Office search at cro.ie [19] and check the property register to identify the correct legal entities before filing. At corporate events, the employer, the venue, and the events management company may all be separate limited companies with different insurers.

Types of event and venue accidents

Event accident claims in Ireland cover a wide range of organised gatherings, from concerts and festivals to corporate functions and community events. The common factor is that an organiser or venue owner owed a duty of care to attendees and failed to meet it.

Common event types and associated hazards
Event typeCommon hazards
Concerts and music gigsCrowd surges, trips over cables, inadequate lighting, barrier failures, overcrowding at exits
Music festivalsUneven ground, mud and slip hazards, temporary structure failures, crowd crush
GAA matches, rugby, and sporting eventsUnsafe spectator seating, crowd management failures, trips on approach paths
Agricultural shows and county showsAnimal-related injuries, defective temporary fencing, vehicle movements near pedestrians
Christmas markets and food festivalsSlips on wet surfaces, burns from food stalls, trips over power cables
Corporate events and team-buildingAdventure activity injuries, spills in hotel function rooms, inadequate risk assessments
Community events and charity fundraisersPoorly maintained grounds, insufficient stewards, lack of public liability insurance
Funfairs and carnivalsRide malfunctions, queue-area trips, insufficient operator training
ParadesCrowd control failures, vehicle interaction with pedestrians, temporary barrier collapses

In Carroll v Phelan [2023] IECA 91, the Court of Appeal considered a spectator injury at a GAA club. The claimant fell over seating in the spectator area while wearing studded boots. The club had not conducted a risk assessment on the spectator seating. The court awarded €74,000 including €66,000 in general damages. Even familiar community venues carry a duty to assess risks for all areas where attendees may be present.

Crowd density is a factor courts consider when assessing whether an organiser took reasonable precautions. Crowd science research indicates that at densities above five persons per square metre, individuals lose the ability to move freely and the risk of crush injuries rises sharply. Where ticket sales or admission numbers pushed the crowd beyond safe density thresholds, the organiser's failure to manage numbers provides direct evidence of negligence.

How event claims differ from standard premises claims

Event accident claims in Ireland are more complex than standard shop or hotel premises claims because they typically involve three to six defendants, temporary evidence that can disappear within 48 hours, and additional legislation including event licensing and fire safety Acts that do not apply to ordinary premises.

Event accident claims compared with standard premises claims
FeatureStandard premises claim (shop, hotel)Event accident claim
Typical number of defendantsOne (the occupier)Three to six (organiser, venue, security, staging, vendors, local authority)
Evidence durabilityPermanent CCTV retained 14 to 30 daysTemporary CCTV may be gone in 48 to 72 hours
Occupier identificationUsually clear from the premisesMay require CRO company searches and property register checks
Applicable legislationOLA 1995 primarilyOLA 1995 plus event licensing Acts plus fire safety legislation
Defence landscapeStandard negligence defencesSocial utility, voluntary assumption of risk, and contributory negligence from alcohol
IRB process complexitySingle respondentMultiple respondents, higher refusal rate, longer to Authorisation

The IRB and EY Public Liability Accidents Report covering 2019 to 2023 16 confirms that falls in public spaces remain the largest category of public liability claims in Ireland, with event-related falls forming a significant subset of this volume.

Quick event claim eligibility check

This tool is for general information only. It does not constitute legal advice. Every case depends on its specific facts. Contact a solicitor for advice on your situation.

How the 2023 law changes affect event claims

The Courts and Civil Law (Miscellaneous Provisions) Act 2023 5 significantly changed the duties owed by venue owners and event organisers in Ireland. Commenced on 31 July 2023, the Act amended the Occupiers' Liability Act 1995 in three ways that directly affect event and venue accident claims.

New factors in the duty of care assessment

Courts must now consider specific factors when deciding if an occupier met the common duty of care under the amended Section 3 of the 1995 Act 6. These include the probability of a danger existing, the likely severity of injury, the cost of preventive measures, and the social utility of the activity giving rise to the risk.

The social utility factor is particularly relevant to events. A concert, community festival, or sporting match carries inherent social and cultural value. A court may find that imposing absolute safety requirements would make the event impractical, lowering the threshold of what counts as reasonable care. For claimants, expert evidence is often needed to demonstrate that the specific hazard causing the injury was entirely avoidable without compromising the event itself.

Voluntary assumption of risk without a written waiver

Under the new Section 5A of the 1995 Act [8], an occupier owes no duty for risks willingly accepted by a visitor who is capable of understanding them. Before 2023, an express agreement or notice was generally needed to relieve an occupier of liability. Now, a visitor's conduct alone can establish acceptance of risk, without any signed document or verbal exchange with the occupier.

What this means at an event: If you voluntarily enter a mosh pit, join a crowd surge, or participate in a clearly hazardous team-building activity, the organiser or venue may argue you accepted the known risks through your conduct. This defence applies only to risks you could realistically comprehend. A hidden structural defect under temporary flooring or an overcrowded venue beyond its licensed capacity are not risks an attendee can be expected to accept.

The dual-duty overlap at events

The dual-duty overlap describes a situation specific to events in Ireland. The venue owner's duty under the OLA 1995 runs alongside the event organiser's duty under common law negligence and, for larger events, under event licensing legislation. The Licensing of Indoor Events Act 2003 [9] requires indoor event venues to hold a licence from the fire authority. The Planning and Development Act 2000 (Part XVI) [10] requires outdoor events with an audience of 5,000 or more to hold a licence from the local planning authority. Breach of licence conditions by the organiser provides direct evidence of negligence, separate from the venue owner's occupier duties.

Under the Fire Services Act 1981 (s. 18) [11], every person controlling a place of assembly must take all reasonable measures to guard against fire, provide safety measures, and ensure escape routes remain unobstructed. Breach of these duties can carry fines up to €130,000 and imprisonment of up to two years, and provides strong evidence of negligence in a personal injury claim. The Fire Safety in Places of Assembly (Ease of Escape) Regulations 1985 [12] set specific requirements for escape routes, including that exit doors must remain unlocked and unobstructed while the premises is in use as a place of assembly.

The dual-duty overlap: venue owner duties and event organiser duties overlap, creating concurrent wrongdoer liability Venue Owner OLA 1995 s. 3 Fire safety Premises condition Structural safety Organiser Common law duty Crowd management Risk assessment Event licensing Concurrent wrongdoer liability zone
The dual-duty overlap at events: the venue owner and event organiser owe parallel duties under different laws, creating concurrent wrongdoer liability for the same accident.

Corporate events: when your employer is also liable

An employer's duty of care in Ireland under the Safety, Health and Welfare at Work Act 2005 [13] extends beyond the workplace to any location where employees carry out activities in the course of their employment. Corporate hospitality events, team-building exercises, off-site meetings, and work Christmas parties held at hired venues all fall within this duty.

When an employer organises an event at a third-party venue, two parallel duties arise. The employer retains a non-delegable duty to its employees under the 2005 Act. The venue owner owes its standard duty under the OLA 1995 6. An employee injured at a corporate event can potentially bring a claim against the employer for failing to conduct an adequate risk assessment, and a simultaneous claim against the venue for unsafe premises. The event liability chain in employer-organised events often includes additional parties: the team-building activity provider, a catering company, or an events management firm. All may qualify as concurrent wrongdoers 7.

Vicarious liability at work parties: Irish courts may hold an employer vicariously liable for the actions of employees at work-related social events. The test is whether the wrongful act had a sufficiently close connection with employment. If a manager asserts authority or the event was funded and promoted by the employer, the connection may be established. Each case depends on its specific facts, and outcomes vary.

One detail that surprises clients: a general disclaimer or waiver signed by an employee before a team-building activity does not provide an effective defence for the employer or the activity centre operator if the risks were not fully explained or the training was inadequate. The non-delegable duty means the employer cannot simply outsource risk to a third-party provider and walk away from liability 13.

Evidence that disappears after an event

The event evidence window in Ireland is as short as 48 hours for critical evidence like temporary CCTV footage. Unlike a supermarket or hotel where cameras run continuously and the premises remain in daily operation, event infrastructure is temporary. CCTV equipment, temporary structures, staff rosters, and crowd management plans may all disappear within days of an event ending.

The timing matters more than most guides suggest: failing to preserve evidence within the first 48 hours often makes the difference between a strong claim and an uphill battle.

Evidence types and typical preservation deadlines at events
Evidence typeWhy it mattersTypical deadline
Temporary CCTV footageShows the hazard, the accident, and how long the hazard existed48 to 72 hours (rented systems returned to hire company)
Crowd management planShows planned safety measures and whether they were followedRequest promptly in writing; may be discarded after event
Event safety officer reportDocuments hazards identified during the eventHeld by the organiser; may not be retained long-term
Steward and security deployment recordsShows whether sufficient personnel were deployedHeld by security contractor; request via solicitor
Ticket sales and capacity recordsProves overcrowding if sales exceeded safe capacityObtainable through discovery proceedings
Photographs and videos from attendeesSocial media posts, phone photos show conditions at the timeCollect contact details from witnesses at the scene
Fire safety certificate and licence conditionsShows maximum permitted capacity and safety requirementsPublic records from fire authority or local authority
Evidence preservation urgency: CCTV footage may be lost within 48 hours, crowd plans within days, security records within weeks, and ticket sales records can be obtained later through discovery Evidence preservation urgency Temporary CCTV 48–72 hours Crowd management plan Days Security deployment logs Weeks Ticket sales / capacity data Months (via discovery) ◀ Act fast Obtainable later ▶
The event evidence window: CCTV and crowd plans disappear fastest. Acting within 48 hours is critical.

The first 60 minutes at an event accident:

1) Report to event stewards or venue staff. Get their name and the company they work for. 2) Ask the venue to record the accident in the official accident report book before you leave. 3) Photograph the hazard, your injuries, and the wider surroundings. 4) Collect names and phone numbers from at least two independent witnesses who are not co-workers. 5) Keep your ticket, wristband, or registration confirmation as proof of attendance. 6) Do not give a detailed written statement to the venue's insurer at the scene. 7) Attend A&E or a GP within 24 hours to create a medical record linking the injuries to the date and location.

One-month notification requirement: Under Section 8 of the Civil Liability and Courts Act 2004 2, you must notify the occupier of the premises within one month. For events with temporary venues, identifying the correct occupier and serving notice quickly is critical. The event evidence window makes speed essential. A solicitor experienced in event claims handles this immediately.

Under GDPR, any person captured on CCTV has the right to make a data subject access request to the data controller. The Data Protection Commission [18] requires the venue to respond within one month. For event claims, a GDPR access request is a powerful tool because it creates a legal obligation to preserve footage that might otherwise be overwritten. A solicitor can submit this request alongside a pre-action letter within days of the accident.

Between assessment and settlement, the sticking point in event claims is usually evidence preservation. Where a claimant contacts a solicitor within days of the accident, pre-action correspondence can compel the venue and organiser to preserve CCTV, incident reports, and crowd management documentation. Waiting even two weeks can mean the most valuable evidence has already been destroyed through routine data management.

Suing multiple defendants: how it works in practice

In multi-party event claims in Ireland, the claimant's solicitor uses a formal letter (sometimes called an O'Byrne letter) to put all potential defendants on notice simultaneously. The letter identifies every party in the event liability chain, sets out the factual basis of the claim, and invites each party to admit liability and agree to compensate the claimant.

Where liability is disputed between the venue, the organiser, and subcontractors, the claimant's solicitor may join all of them as co-defendants in court proceedings. If the claimant succeeds against one defendant but another is found not liable, the court can make a Bullock or Sanderson order. These orders require the liable defendant to pay the legal costs of the non-liable defendant, protecting the claimant from the financial risk of having sued the "wrong" party. The difference between assessment and acceptance often comes down to which defendant's insurer concedes first, and a solicitor's early identification of insurance positions can significantly shorten the process.

Joint and several liability under Section 12 1 means each concurrent wrongdoer is liable for the entire award, regardless of their individual share of fault. If a court finds the venue 80% at fault and the security company 20% at fault, the claimant can collect the full amount from either party. The paying party then seeks a contribution from the other. Claimants sometimes hesitate to pursue an employer for fear of affecting their job, but in practice, the claim runs against the employer's or venue's public liability insurer, not against the individuals personally.

How the IRB process works for multi-party event claims

All personal injury claims in Ireland (except medical negligence) must be submitted to the Injuries Resolution Board 3 before court proceedings can begin. Under the Personal Injuries Resolution Board Act 2022 [14], the IRB assesses claims and proposes compensation based on the Personal Injuries Guidelines 2021 [15].

For multi-party event claims, the IRB application must correctly name every potential respondent: the venue operating company, the event organiser, the security firm, and any relevant subcontractors. Naming the wrong entity or missing a party can delay the process by months.

Once notified, respondents have 90 days to consent to the IRB assessing the claim. If a respondent fails to reply in writing within this period, consent is legally deemed. If any respondent explicitly refuses, the IRB issues an Authorisation allowing the claimant's solicitor to issue court proceedings. In complex multi-party event claims, refusal is common because liability is heavily disputed between the venue and the organiser.

IRB process for multi-party event claims: file Form A naming all respondents, then 90-day consent window, then assessment or authorisation for court IRB Form A Name ALL respondents 90-day consent Each respondent All consent → Assessment Any refuse → Authorisation Award proposed Accept or reject Court proceedings Solicitor issues Multi-party event claims: refusal is common when liability is disputed between venue and organiser
The IRB process for multi-party event claims. Naming all respondents correctly on Form A is critical to avoid delays.

One aspect the official guidance doesn't cover: the IRB's mediation service (available since 8 May 2024 for public liability claims) can help resolve disputes without formal assessment, but only if all parties agree to participate. Where liability is contested between defendants, mediation is rarely accepted. For full details, see our guide to public liability claims through the IRB.

Compensation for event and venue injuries

Compensation for event and venue accident claims in Ireland is assessed using the Personal Injuries Guidelines 2021 15, which replaced the former Book of Quantum. Awards cover general damages (pain, suffering, and loss of quality of life) and special damages (financial losses such as medical expenses, lost earnings, and travel costs).

Common injuries at events include fractures from falls on uneven ground or temporary flooring, head injuries from barrier collapse or falling objects, knee injuries from trips over cables and tent pegs, crush injuries to the ribs and chest from crowd surges, psychological injury including PTSD from traumatic crowd experiences, and scarring from burns at food vendor stalls or pyrotechnics. Each injury type is assessed against a specific category in the Personal Injuries Guidelines.

According to the IRB and EY Public Liability Accidents Report [16], the total value of public liability awards between 2019 and 2023 was approximately €130 million. In 2024, the IRB received 20,837 claims nationally, of which 4,780 were public liability claims. Falls in public spaces accounted for nearly 15,000 claims and €90 million in awards during that period 16.

Every case is different, and compensation depends on the specific injuries sustained, their impact on daily life, and the evidence supporting the claim. For guidance on how Irish courts assess damages, see our pages on public liability compensation and general damages.

Defences that organisers and venues raise

Defendants in event claims in Ireland commonly raise three defences: contributory negligence, voluntary assumption of risk, and social utility. Understanding these helps claimants build stronger cases.

Contributory negligence

Under Section 34 of the Civil Liability Act 1961 [17], a claimant's compensation is reduced by their share of fault. At events, alcohol consumption, ignoring visible warning signs, and entering restricted areas are common grounds for contributory negligence arguments. In Irish courts, contributory negligence findings in slip and fall claims typically range between 15% and 40%. A claimant found 25% at fault still recovers 75% of the full award.

Contributory negligence: how it affects your award

For illustration only. Actual awards depend on the specific facts of each case and are assessed under the Personal Injuries Guidelines 2021. This is not a prediction of any outcome.

Voluntary assumption of risk (post-2023)

The 2023 amendments to the OLA 1995 allow occupiers to argue that the visitor accepted a known risk through their conduct alone 8. Attending a concert with a standing-room section does not mean accepting the risk of a barrier collapse or an overcrowded venue beyond its capacity. The defence applies to risks the attendee could realistically understand and willingly chose to accept.

Social utility defence

Courts must now weigh the social or cultural value of an event against the cost of preventing the specific risk 5. Claimants need to show that the hazard was avoidable without fundamentally altering the event. Strong evidence of the specific hazard and its preventability is critical. The IRB statistics don't capture how often social utility is raised as a defence, but practitioner experience suggests it is becoming standard in festival and community event claims since July 2023.

Time limits for event accident claims

The general limitation period for personal injury claims in Ireland is two years from the date of the accident, or from the date of knowledge of the injury 4. The clock pauses while the claim is under active assessment by the IRB.

For event claims, two additional deadlines matter. The one-month occupier notification under Section 8 2 requires prompt action. Missing this deadline does not automatically bar the claim, but the court may draw adverse inferences from the delay.

For children injured at events, the two-year period does not begin until the child turns 18. A parent or guardian (known as a next friend) may bring the claim during the child's minority. See our guide to time limits for public liability claims.

The event evidence window adds a practical urgency beyond the legal deadline. Temporary CCTV, crowd management plans, and event reports may be destroyed within days. Acting quickly through a solicitor is as important as meeting the formal limitation period.

Common questions about event and venue accident claims

Can I claim if I was drinking at the event?

Yes. Alcohol consumption at an event in Ireland does not bar your claim. It may lead to a finding of contributory negligence 17, which reduces the compensation by your share of fault. A 20% finding on a €50,000 award results in €40,000. The claimant still recovers the remaining percentage.

Does a ticket disclaimer prevent me from claiming?

A generic disclaimer on a ticket does not automatically bar a claim. Under the amended OLA 1995 (Section 5A) 8, voluntary assumption of risk requires that the attendee genuinely understood and accepted the specific risk. A blanket disclaimer covering all possible risks is unlikely to meet this threshold for hidden or structural hazards.

Who do I sue if the event had multiple organisers?

Under the Civil Liability Act 1961 (ss. 11 and 12) 1, all concurrent wrongdoers are jointly and severally liable. You can bring a claim against any one of them for the full amount, or against all of them together. Your solicitor identifies the party with the strongest insurance cover and pursues them for the entire award.

Can I claim against a community group or charity?

Yes. Charities and community groups owe the same duty of care as any occupier or event organiser. The 2023 amendments 5 rebalanced this duty but did not eliminate it. If a community group's negligence caused your injury, a claim is viable.

What if I was injured at a work Christmas party?

An employer's duty of care extends to off-site social events organised or funded by the company 13. The venue owner also owes a separate duty under the OLA 1995. Both may be liable as concurrent wrongdoers. If a colleague caused the injury, the employer may be vicariously liable if the actions had a close connection to their employment.

How long do event accident claims take?

The IRB assessment process generally takes up to nine months after all parties have consented. Multi-party event claims often take longer because liability is disputed between respondents. If court proceedings follow, the full process may take 18 months to three years depending on complexity.

What if a temporary stage or barrier collapsed?

Temporary structures at events (stages, marquees, barriers, seating) must be erected safely and inspected before public use. The supplier, the erector, and the event organiser may all share liability for a structural failure. The organiser's crowd management plan should address wind loading, anchoring, and capacity limits for temporary structures. Failure to plan for these risks constitutes negligence. Claims involving temporary structure collapse often involve engineering evidence and can be pursued against multiple parties through the event liability chain.

Can I claim if I was injured while leaving the event?

Yes. The organiser's duty of care extends to the exit and egress flow. Crowd management at the end of an event is a well-known risk factor, and organisers must plan for the safe dispersal of attendees. If a crowd crush occurs at the exit gates or on the approach routes, both the organiser and the venue may share liability. Injuries in the venue car park may also fall within the occupier's duty if the car park is part of the event premises.

What if my injury did not appear until days later?

Some injuries, particularly soft tissue damage, concussion symptoms, and psychological effects, may not become apparent until days or weeks after the event. Under Irish law, the two-year limitation period runs from the "date of knowledge" of the injury, not necessarily the date of the event. Attending a GP as soon as symptoms appear creates a medical record that establishes this date. The earlier you report and record the injury, the stronger the link between the event and the harm.

What if the event organiser has no insurance?

Public liability insurance is not legally compulsory for event organisers in Ireland. If the organiser has no cover, the claim can still proceed against the organiser personally or against the venue's insurer if the venue shares liability. In multi-party event claims, the event liability chain often means at least one defendant has insurance cover, and joint and several liability 1 allows the claimant to recover the full amount from any insured party.

Is a slippery dance floor at a concert an "unusual" danger?

Under Irish case law, courts distinguish between "usual" dangers that visitors can reasonably avoid and "unusual" dangers that the occupier must address. In Lavin v Dublin Airport Authority [2016] IECA 268, the Court of Appeal held that a staircase is a "usual" danger an adult can take care to avoid, but a broken handrail is an "unusual" danger the occupier must fix. At an event, general jostling in a standing crowd may be a usual danger, but a spilled drink left unattended on a dance floor for 20 minutes is an unusual danger that the venue or organiser should have cleaned or signposted.

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. If you have been injured at an event or venue and want to understand your options, contact Gary Matthews Solicitors at 01 903 6408 for a free initial assessment.

References

  1. Civil Liability Act 1961, s. 12 (joint and several liability)
  2. Civil Liability and Courts Act 2004, s. 8 (one-month notification)
  3. Injuries Resolution Board: making a claim
  4. Citizens Information: Injuries Resolution Board
  5. Courts and Civil Law (Miscellaneous Provisions) Act 2023
  6. Occupiers' Liability Act 1995, s. 3 (common duty of care)
  7. Civil Liability Act 1961, s. 11 (concurrent wrongdoers)
  8. Occupiers' Liability Act 1995, s. 5A (voluntary assumption of risk)
  9. Licensing of Indoor Events Act 2003
  10. Planning and Development Act 2000, Part XVI (outdoor event licensing)
  11. Fire Services Act 1981, s. 18 (places of assembly)
  12. Fire Safety in Places of Assembly (Ease of Escape) Regulations 1985
  13. Safety, Health and Welfare at Work Act 2005
  14. Personal Injuries Resolution Board Act 2022
  15. Personal Injuries Guidelines 2021
  16. IRB and EY Public Liability Accidents Report (2019 to 2023)
  17. Civil Liability Act 1961, s. 34 (contributory negligence)
  18. Data Protection Commission: right of access (GDPR)
  19. Companies Registration Office (CRO): company search

Related guides on this topic: Public liability claims in IrelandHow to make a public liability claimOccupiers' Liability Act 1995 explainedDuty of care in public liability claimsEvidence for public liability claimsPub and nightclub accident claimsHotel accident claimsNegligence in public liability claims

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