How to Make a Public Liability Claim in Ireland
Author: Gary Matthews, Principal Solicitor · Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·
To make a public liability claim in Ireland, you must notify the responsible party in writing within one month of the accident, then submit an application to the Injuries Resolution Board (IRB) with a medical report and a fee of €45 (online) or €90 (postal). The respondent has 90 days to consent to assessment. Since May 2024, the IRB also offers a free mediation service for public liability claims. The two-year statute of limitations applies from the date of accident or date of knowledge, under the Civil Liability and Courts Act 2004.
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.
What's new in 2024-2025: Free IRB mediation for public liability claims (May 2024). Supreme Court confirmed Personal Injuries Guidelines are legally binding (Delaney, April 2024). Proposed 16.7% increase to Guidelines rejected by Government (July 2025). Occupiers' Liability Act 1995 amended with new personal responsibility provisions (July 2023).
At a glance: Written notice within 1 month → gather evidence → medical report → IRB application (€45 online) → respondent has 90 days → assessment or mediation → accept, reject, or proceed to court. Two-year time limit applies. Sources: IRB. Civil Liability and Courts Act 2004, s.8. Citizens Information.
Contents
What should you do immediately after a public place accident?
Your first priority after an accident on unsafe premises is medical attention, followed by preserving evidence before it disappears. CCTV footage at commercial premises is typically overwritten every 28 to 30 days. Cleaning logs, maintenance records, and accident book entries can also be altered or lost if you delay. Acting within the first 24 hours creates the strongest foundation for a public liability claim in Ireland.
1) Get medical treatment. Go to your GP or a hospital emergency department. The medical records created during this visit become your primary evidence connecting the accident to your injuries. Ask the treating doctor to record the mechanism of injury (for example, "patient slipped on wet floor in supermarket").
2) Report the accident to the occupier. Tell the most senior staff member on site and ask for the incident to be entered in the accident report book. Request a copy or photograph the entry. The occupier of the premises owes you a common duty of care under the Occupiers' Liability Act 1995 [1].
3) Photograph the hazard. Capture the wet floor, uneven surface, broken tile, or missing warning sign. Photograph the wider area to show context: lighting conditions, the absence of barriers, and any nearby warning signs (or the lack of them).
4) Collect witness details. Get the full names and phone numbers of anyone who saw what happened. Witness statements carry significant weight when the occupier's insurer disputes your account.
A detail that catches many claimants off guard: avoid saying "I'm fine," "it was my fault," or "I should have watched where I was going." These admissions, made out of embarrassment or shock, can be used by insurers to reduce or defeat your claim. Report what happened factually and leave the question of fault to the legal process.
What is the one-month notice rule for public liability claims?
Under Section 8 of the Civil Liability and Courts Act 2004 [2], you must send written notice to the person or business responsible for your accident within one month. A 2019 amendment (introduced by Section 13 of the Central Bank (National Claims Information Database) Act 2018) changed the word "may" to "shall" in how courts treat late notice. Courts must now draw adverse inferences from late notification, and you may lose the right to recover your legal costs even if you win the case.
The notice should be sent by registered post to the occupier of the premises where the accident happened. It should state the date, location, and circumstances of the accident, and your intention to pursue a claim. Keep proof of posting.
Missing this one-month window doesn't automatically kill a claim, but it creates a serious cost problem. A claimant who wins €50,000 but missed the Section 8 deadline could end up paying their own legal fees from that award. Send the notice immediately, even before you've gathered all your evidence. The details can be supplemented later.
Identifying the correct respondent matters. A shopping centre accident may involve a management company, not the individual shop. A footpath trip involves the local authority responsible for maintenance. A hotel may be operated by a management group different from the brand name on the building. Your solicitor can help identify the right party. Naming the wrong respondent delays your claim. For claims against councils, see local authority accident claims.
What evidence strengthens a public liability claim?
Strong public liability claims rest on evidence showing that a hazard existed, that the occupier knew or should have known about it, and that the hazard caused your injuries. The Occupiers' Liability Act 1995 requires occupiers to take "such care as is reasonable in all the circumstances" to protect visitors. Your evidence must demonstrate they failed that standard.
| Evidence | What it proves | How to get it |
|---|---|---|
| CCTV footage | Hazard duration, cleanup delay, accident mechanics | Request in writing within 7 days (overwritten every 28-30 days) |
| Photographs | Hazard, conditions, absent warnings | Take at scene with phone. Include timestamps. |
| Accident report book | Incident was reported on the day | Ask staff to log it. Photograph the entry. |
| Maintenance/cleaning logs | Inspection gaps, missed hazards | Requested through solicitor pre-action disclosure |
| Witness statements | Corroboration of what happened | Collect contact details at the scene |
| Medical records | Injury type, mechanism, prognosis | GP or hospital. Follow-up for prognosis report. |
One aspect the official guidance doesn't cover: CCTV retention timescales. Most commercial premises retain footage for only 28 to 30 days before automatic deletion. If your solicitor doesn't request preservation in writing within the first two weeks, the most powerful piece of evidence in your case disappears permanently. For a full breakdown, see evidence for public liability claims.
The IRB statistics don't capture what actually wins or loses these cases at the evidence stage: the occupier's inspection and cleaning system. A supermarket that checks its floors every 15 minutes and documents each check in a signed cleaning log has a strong defence against a spill claim. A supermarket with no documented system has a weak one. When your solicitor requests maintenance records and cleaning logs through pre-action disclosure, the presence or absence of a reasonable inspection system often determines whether the occupier can show they took "such care as is reasonable" under the Occupiers' Liability Act 1995. Ask your solicitor to request these records early. For more on how inspection systems affect liability, see how to prove a public liability claim.
Evidence readiness check
Tick what you have gathered so far. Items marked with a clock are time-sensitive and should be prioritised.
This checklist is for self-assessment purposes only and does not constitute legal advice.
If the occupier cooperates and provides maintenance records and CCTV promptly, your solicitor can build a strong case within weeks. If the occupier refuses or delays, your solicitor can apply for pre-action discovery through the courts to compel disclosure. The next step is to prepare your IRB application.
How do you apply to the Injuries Resolution Board?
All public liability claims in Ireland (except medical negligence) must be submitted to the Injuries Resolution Board (Updated 2024), formerly known as the Personal Injuries Assessment Board (PIAB) until 2023, before court proceedings can begin. The IRB assesses compensation. It doesn't determine fault. According to the IRB Award Values Report (April 2025) [3], the Board processed 4,780 public liability claims in 2024.
We refer to the sequence below as the Four-Document Filing Check: Form A, medical report, PPS verification, and supporting receipts. Missing any one of these four documents is the most common reason IRB applications stall or fail to pause the limitation clock.
The application requires:
1) A completed Form A with accident details, injury description, and your PPS number. Since the Personal Injuries Resolution Board Act 2022 [4], providing your PPS number (or valid photo ID for non-residents) is mandatory. An incomplete application is not deemed accepted by the Board, and the statute of limitations continues to run. One detail that surprises clients: the 2022 Act also empowers the IRB to report suspected fraudulent information directly to An Garda Síochána. Accurate, honest descriptions of the accident and injuries are not optional.
2) A medical report from your treating doctor describing your injuries, treatment, and prognosis. Use language consistent with the Personal Injuries Guidelines [5] categories where possible. "Minor soft tissue injury to the left ankle" is more precise than "my ankle hurts."
3) An application fee of €45 for online submissions through form.piab.ie, or €90 for paper or email applications. Online applications process faster.
4) Supporting documents such as receipts for out-of-pocket expenses, evidence of lost earnings, and photographs of the accident scene.
After submission, the IRB contacts the respondent (typically the occupier's insurer). The respondent has 90 days to consent to the IRB assessing the claim. According to the IRB's 2024 Annual Report 11, 70% of respondents consented to the Board's process in 2024, up from 55% in 2020. This growing consent rate reflects increasing trust in the IRB's assessment quality. If the respondent doesn't respond within 90 days, the IRB proceeds as if consent was given. The respondent's failure to engage doesn't block your claim.
Respondent consent is NOT an admission of liability. Under Section 16 of the PIAB Act 2003, consenting to IRB assessment cannot be used as evidence of fault in any later court proceedings. This matters because claimants sometimes stop gathering evidence once the insurer "agrees" to assessment, assuming fault is accepted. It is not. Keep preserving evidence and obtaining witness statements throughout the IRB process.
The IRB now assesses wholly psychological injury claims (such as anxiety, PTSD, or depression after an accident) following recent legislative changes, an expansion that previously excluded claims without a physical injury component.
The independent medical examination
During the assessment process, the IRB may arrange for you to attend an independent medical examination with one of their panel doctors. According to the IRB's claims guidance, these examinations are arranged "in relation to most claims." The IRB doctor's role is to verify the nature and extent of your injuries and estimate recovery time. This examination is separate from your treating doctor's report. Be factual, consistent, and honest. Don't exaggerate symptoms, but don't downplay them either. The independent report, combined with your GP's medical report, forms the basis of the IRB's compensation assessment under the Personal Injuries Guidelines 5.
Can you use mediation for a public liability claim?
Since 8 May 2024, the IRB offers a free, voluntary mediation service for public liability claims, according to a gov.ie press release (May 2024) [6]. Mediation was first introduced for employer liability claims in December 2023 and extended to public liability under the Personal Injuries Resolution Board Act 2022 4. Since December 2024, the service also covers motor liability claims.
When filling in your IRB application, you can tick a box consenting to mediation. The respondent can then agree or decline. If both parties consent, a trained, independent mediator contacts each side separately by telephone. The parties don't speak directly to one another. The process is confidential.
The difference between assessment and mediation often comes down to one critical factor: mediation allows discussion of liability, while standard IRB assessment does not. The IRB only assesses compensation. Mediation lets both sides address fault, evidence gaps, and the full circumstances of the accident. According to the IRB mediation guidance (Updated 2024) [7], the average mediation resolves within three months.
If mediation succeeds, the mediator drafts a written agreement. A 10-day cooling-off period follows. If both parties are still satisfied, the IRB issues a legally binding Order to Pay. If mediation fails or either party withdraws, the claim reverts to standard assessment or the claimant receives an Authorisation to proceed to court.
A caution about mediation without legal advice: the process involves negotiating with experienced insurance adjusters who handle hundreds of claims annually. Without a solicitor, claimants may accept a lower settlement than the claim is worth. Mediation works best when both sides have professional representation.
If both parties consent to mediation: expect resolution within roughly three months, with no need for court attendance. If the respondent declines mediation: the claim proceeds to standard IRB assessment, which typically takes 9 to 11 months. Either way, at this point you'll need to decide whether to handle the process yourself or instruct a solicitor.
What happens after the IRB assessment?
Once the IRB completes its assessment, both parties receive a proposed compensation amount. The claimant has 28 days to accept or reject. The respondent has 21 days. The defaults for silence are opposite and easily misunderstood: silence from the claimant is treated as rejection, while silence from the respondent is treated as acceptance. If you do nothing within 28 days, you are deemed to have rejected the award, and the claim moves toward court proceedings, according to Citizens Information 8.
If both sides accept, the IRB issues an Order to Pay. The respondent must pay the assessed amount. The order carries the same legal weight as a court judgment.
If either party rejects the assessment, the IRB issues an Authorisation allowing the claimant to pursue court proceedings. The timing matters more than most guides suggest: under Section 50 of the PIAB Act 2003, the two-year limitation clock pauses while the IRB assesses your claim. The pause is automatic, not discretionary. Your limitation period is protected during assessment.
Once the IRB issues an Authorisation, you have six months to issue court proceedings. This is a separate deadline from the two-year statute of limitations. Missing it creates a new limitation problem that cannot be solved by the Section 50 pause. If you receive an Authorisation after rejecting an IRB assessment or after the respondent refuses consent, instruct your solicitor to issue proceedings promptly.
The cost risk of rejecting an IRB assessment: under Section 51A of the PIAB Act [9], if you reject an IRB assessment and then fail to beat that amount in court, you will generally pay the respondent's legal costs from the date of rejection. A practical example: if the IRB assesses €25,000 and you reject it, you may need a court award of roughly €40,000 to €50,000 to cover your own costs and the respondent's costs and still come out ahead. Insurers often tender the exact IRB figure early in litigation, knowing most claimants cannot beat it. Discuss the realistic break-even calculation with your solicitor before rejecting any assessment. For more on this decision, see settlement vs court in public liability cases.
IRB assessment rejection: break-even estimator
Enter the IRB assessment amount to estimate the court award you would need to come out ahead after legal costs. This is a simplified estimate for illustration only. Actual costs depend on case complexity, court venue, and duration. Consult your solicitor before making any decision.
If the claim does proceed to court, the General Scheme of the Civil Reform Bill 2025 proposes increased monetary limits: the District Court limit would rise from €15,000 to €20,000, and the Circuit Court limit from €60,000 to €100,000. For public liability claimants, this means more claims will be heard in the lower courts, which are faster but require precise documentation of pre-existing injuries from the outset. The Bill also proposes stricter obligations on claimants to distinguish pre-existing conditions from accident-related injuries in the initial filing.
What are the time limits for public liability claims in Ireland?
The standard time limit is two years from the date of the accident or from the "date of knowledge" under the Civil Liability and Courts Act 2004. The date of knowledge is the date you became aware that you were injured, that the injury was caused by negligence, and you identified the responsible party. For most accidents, this is the day it happened.
Exceptions apply in specific situations:
Children: The two-year clock does not start until the child turns 18. A parent or guardian can bring a claim as "next friend" before then. For details, see child public liability claims.
Delayed symptoms: Where injuries develop gradually (for example, a knee problem that worsens over months after a fall), the date of knowledge may be later than the accident date. Medical evidence determining when you "knew" is critical.
One-month notice deadline: The Section 8 written notice must be sent within one month. Missing it does not bar the claim but triggers mandatory adverse cost inferences in court. Full details are covered in the time limit for public liability claims page.
If your accident happened less than one month ago: send the Section 8 notice by registered post today, then focus on gathering evidence and obtaining your medical report. If your accident happened more than one month but less than two years ago: send the notice immediately anyway. Late is better than never, and your solicitor can argue reasonable cause for the delay. If you are approaching the two-year deadline: instruct a solicitor urgently. The limitation period is strict and courts rarely grant extensions.
Public liability claim deadline checker
Enter your accident date to see which Irish deadlines apply. This is general guidance only and does not constitute legal advice. Exceptions may apply.
The 2023 amendments to the Occupiers' Liability Act changed how courts assess fault in public place accidents, and these changes directly affect your claim's prospects.
Ireland is NOT the UK. Several top-ranking guides for this query apply UK law, which is different in three critical ways. The time limit in Ireland is two years (not three years as under the UK Limitation Act 1980). The governing legislation is the Occupiers' Liability Act 1995 (not the UK's 1957 and 1984 Acts). All claims must go through the Injuries Resolution Board before court proceedings can begin (the UK has no equivalent mandatory board). If you were injured in Ireland, Irish law applies regardless of where you live.
How do the 2023 Occupiers' Liability Act changes affect your claim?
The Courts and Civil Law (Miscellaneous Provisions) Act 2023, which came into effect on 31 July 2023, changed how Irish courts assess an occupier's duty of care to visitors. These amendments apply to all public liability claims based on accidents occurring after that date.
Courts must now consider a specific list of factors when deciding whether an occupier met their duty of care, including: the probability of a danger on the premises, the likelihood of injury, the severity of potential injury, the cost of precautions, and the social utility of the activity causing the risk. These factors were previously applied in case law (particularly the Court of Appeal decision in Byrne v Ardenheath Company Ltd [2017] IECA 293) but are now written into legislation.
A new Section 5A introduces the voluntary assumption of risk defence. An occupier does not owe a duty to a visitor who willingly accepted a risk where they could understand its nature. Acceptance can be shown through conduct alone, without written agreement.
The practical dividing line now falls between "usual" and "unusual" dangers. An unusual danger is one the occupier should have prevented or warned about: a spill left uncleaned for 47 minutes in a supermarket aisle, a broken handrail on a hotel staircase, or a missing floor tile in a restaurant. These are hazards a visitor cannot reasonably be expected to anticipate. A usual danger, by contrast, is an ordinary risk that any reasonable adult would notice and avoid: loose stones on the surface of an outdoor caravan park (White v Doherty [2019] IECA 295) or a grassy slope in wet conditions (Byrne). If the hazard that caused your accident falls on the "usual" side of this line, the occupier's defence under the amended Act is considerably stronger than it was before July 2023.
The threshold for liability to recreational users and trespassers has also been raised. The test changed from whether the occupier had "reasonable grounds for believing" a danger existed to whether the occupier "knew of, or was reckless" as to the danger. The distinction matters: it is harder for a claimant to establish liability where the occupier did not actually know about the hazard.
What the timeline estimates don't account for: these amendments have made early evidence gathering even more critical. You now need to prove not just that a hazard existed, but that the occupier knew about it or should have detected it through a reasonable system of inspection. For the full legal framework, see the Occupiers' Liability Act 1995 explained.
Do you need a solicitor for a public liability claim?
You are not legally required to use a solicitor. The IRB process was designed for direct applications, and Citizens Information 8 confirms you can submit a claim yourself. The Law Society of Ireland, the regulator for solicitors, recommends legal representation to protect claimants' rights against insurers.
The case for self-representation works in straightforward situations: clear liability, minor injuries, no dispute about who is responsible, and a willingness to accept whatever the IRB assesses.
The case for instructing a solicitor is strongest where liability is disputed, injuries are serious or ongoing, the occupier denies knowledge of the hazard, or you are considering whether to reject an IRB assessment. According to the Central Bank's NCID data reported by the Irish Times [10], average legal fees through the IRB route were €694 in 2024, compared to €25,055 through litigation. Yet the average compensation for claims under €150,000 was virtually identical: €26,177 via the IRB versus €26,384 through litigation.
The practical question is not whether you can afford a solicitor, but whether you can afford the consequences of getting the process wrong: missing the one-month notice, naming the wrong respondent, undervaluing your injuries in the medical report, or accepting a low IRB assessment without understanding the Section 51A cost implications.
Most personal injury solicitors in Ireland, including our firm, offer a free initial consultation and operate on a No Win No Fee basis. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Case law that shaped public liability claims
Byrne v Ardenheath Company Ltd [2017] IECA 293
Holding: The Court of Appeal overturned a High Court award after the plaintiff slipped in a shopping centre car park. The Court held that the occupier could not reasonably have been liable for the plaintiff taking a shortcut down a wet grassy slope in unsuitable footwear.
Why it matters: Justice Irvine stated that "adult members of society are obliged to take care for their own safety." This reasoning was later written into statute by the 2023 amendments to the Occupiers' Liability Act. Claimants must now demonstrate that the danger was "unusual" rather than an ordinary hazard a reasonable person would avoid.
Delaney v Injuries Resolution Board [2024] IESC (9 April 2024)
Holding: The Supreme Court confirmed that the Personal Injuries Guidelines (2021) 5 were lawfully ratified by the Oireachtas and are legally binding on the IRB and the courts.
Why it matters: Before this ruling, some claimants argued the Guidelines lacked legal force. The Supreme Court's decision ended that uncertainty. The IRB's assessments under the Guidelines are now settled law, which means the Four-Document Filing Check and accurate injury categorisation carry even greater weight in determining your award amount.
Public liability claims data (2024)
The IRB's 2024 Award Values Report and 2024 Annual Report [11] provide the most recent data on public liability outcomes in Ireland.
| Metric | 2024 figure | Change from 2020 |
|---|---|---|
| Total public liability claims | 4,780 | Unchanged from 2023 |
| Median public liability award | €13,660 | Down 34% |
| Respondent consent rate | 70% | Up from 55% |
| Both-parties acceptance rate | 50% | Up from 36% (mid-2021) |
| Average assessment timeline | 11.2 months | n/a |
| Total compensation awarded (all categories) | €168 million | Down €2m from 2023 |
| Avoided legal costs | €76 million | n/a |
Source: IRB 2024 Annual Report 11. IRB Award Values H2 2024 3. Awards are assessed under the Personal Injuries Guidelines (2021) 5, which replaced the former Book of Quantum. A proposed 16.7% increase to the Guidelines was rejected by Government in July 2025 12. Current guideline levels remain unchanged. Award amounts vary case by case.
For a full breakdown of how compensation is calculated, see public liability compensation in Ireland.
Common questions about making a public liability claim
How long do I have to make a public liability claim in Ireland?
The standard time limit is two years from the date of the accident or the date of knowledge. For children, the two-year period starts when they turn 18. You must also send a written notice to the responsible party within one month under Section 8 of the Civil Liability and Courts Act 2004.
Many claimants focus on the two-year deadline but overlook the one-month notice requirement. Late notice does not bar the claim, but it triggers adverse cost consequences that can significantly reduce the final amount you take home.
How much does it cost to submit a claim to the IRB?
The application fee is €45 for online submissions and €90 for postal or email applications. You also need a medical report from your treating doctor. If a solicitor submits on your behalf, their fee is separate and typically deducted from any eventual settlement.
The real cost isn't the €45 fee. It's the medical report, which can run €150 to €400 depending on complexity. Budget for both before starting.
Apply online at form.piab.ie to save €45 on the postal rate.
Can I make a public liability claim without a solicitor?
Yes. The IRB accepts direct applications from claimants, and you aren't legally required to instruct a solicitor. The IRB doesn't give legal advice. The Law Society of Ireland recommends legal representation, particularly where liability is in dispute or injuries are significant. Most solicitors offer free initial consultations.
Self-representation works for straightforward claims with clear liability. It becomes risky when you're deciding whether to accept or reject an IRB assessment, because the Section 51A cost consequences aren't obvious without legal analysis.
If you're unsure, arrange a free consultation to understand the strength of your case before committing either way.
How long does a public liability claim take in Ireland?
The median IRB assessment timeline is approximately 9 to 11 months after the respondent consents. The respondent has 90 days to consent. Mediation may resolve the claim within three months. If the case proceeds to court after IRB, litigation typically takes 2 to 4 years. These are median figures and individual cases vary.
The biggest delays aren't at the IRB stage. They're in the 90-day consent window and the wait for independent medical examination scheduling. You can't speed either up, but you can avoid adding delays by having your Four-Document Filing Check complete before you apply.
Start gathering your medical report and evidence now. The earlier your application is complete, the sooner the 90-day clock starts.
What if the business has no public liability insurance?
Public liability insurance isn't legally compulsory for Irish businesses (unlike motor insurance). If the business has no insurance, you bring the claim directly against the business or individual. If they can't pay, enforcing a judgment may be difficult. Your solicitor can advise on the practical recovery options before you invest time in litigation.
An uninsured respondent doesn't mean your claim is worthless. Some businesses have assets that can satisfy a judgment. The question is whether recovery is realistic, and that's worth checking before you spend months on the IRB process.
Ask your solicitor to run a company search on the respondent before committing to litigation.
Can I claim if I was partly at fault?
Yes. Ireland applies the principle of contributory negligence under the Civil Liability Act 1961. If you were partly responsible for your own injury (for example, by wearing unsuitable footwear on a clearly wet surface), your compensation may be reduced proportionally. The 2023 Occupiers' Liability Act amendments give greater statutory weight to the visitor's own responsibility for their safety.
Contributory negligence rarely kills a claim entirely. Courts typically apply a percentage reduction. Even a 50% finding still leaves you with half the assessed compensation.
Document exactly what happened and let your solicitor assess whether contributory negligence is likely to apply.
What is the IRB mediation service for public liability?
A free, voluntary, confidential service introduced on 8 May 2024 under the Personal Injuries Resolution Board Act 2022. Both parties must consent. A mediator conducts the discussion by telephone. The process does not require the parties to speak directly. It typically resolves within three months and allows discussion of liability, which standard IRB assessment does not.
Can a tourist injured in Ireland make a public liability claim?
Yes. Non-residents can apply to the IRB. Instead of a PPS number, they provide a copy of a valid passport or national ID card. Medical reports from treating doctors in Ireland or abroad are accepted. The two-year time limit applies from the date of accident or knowledge.
The practical challenge for tourists is evidence preservation. Once you've left Ireland, getting CCTV footage, accident book entries, and witness statements becomes much harder. Act before you travel home.
Photograph everything at the scene, report the accident, and instruct an Irish solicitor before leaving the country.
What happens if the respondent refuses to let the IRB assess my claim?
The IRB issues an Authorisation allowing you to take the case to court. If the respondent ignores the 90-day consent window entirely, the IRB may still proceed with assessment. Refusal of consent doesn't weaken your claim. Many public liability cases proceed to court where liability is disputed.
Respondent refusal often means the insurer wants to contest liability, not that your claim is weak. It simply means you'll need court proceedings, which is why having a solicitor matters.
You have six months from the Authorisation date to issue court proceedings. Don't let that deadline pass.
What to consider next
What if the occupier blames a contractor for the hazard?
Some occupiers argue that an independent contractor (a cleaning company, a building maintenance firm) was responsible for the hazard. Under Section 7 of the Occupiers' Liability Act 1995 1, the occupier is not automatically liable for a contractor's negligence. Your solicitor will need to establish whether the occupier properly selected, supervised, and monitored the contractor's work. In practice, the occupier often remains liable because they retained overall control of the premises.
What if the accident happened on a footpath or public road?
Accidents on public footpaths, roads, or parks typically involve a claim against the relevant local authority. These claims require proof that the council negligently repaired the defect (misfeasance), not simply that it failed to repair it (nonfeasance). Irish councils have a common law immunity for nonfeasance that does not exist in the UK. The Four-Document Filing Check still applies, and the one-month Section 8 notice is addressed to the county or city council. For the full process, see local authority accident claims.
What types of compensation can a public liability claim include?
Compensation splits into two categories. General damages cover pain, suffering, and loss of quality of life, assessed under the Personal Injuries Guidelines 5. Special damages cover financial losses: medical costs, lost earnings, travel to treatment, care expenses, and out-of-pocket costs. Your solicitor calculates both when preparing the claim. For the full breakdown, see public liability compensation in Ireland.
References
- Occupiers' Liability Act 1995 (Revised), Law Reform Commission.
- Civil Liability and Courts Act 2004, s.8, Irish Statute Book.
- Personal Injuries Award Values H2 2024, Injuries Resolution Board.
- Personal Injuries Resolution Board Act 2022, Irish Statute Book.
- Personal Injuries Guidelines (2021), Judicial Council.
- IRB mediation for public liability claims (May 2024), gov.ie.
- Mediation at the Injuries Resolution Board, injuries.ie.
- Injuries Resolution Board, Citizens Information (Updated November 2025).
- PIAB Act 2003, s.51A, Irish Statute Book.
- Injury claims litigation costs, Irish Times (December 2025), citing Central Bank NCID data.
- IRB 2024 Annual Report, Injuries Resolution Board.
- Minister Burke press release on Guidelines review, gov.ie (July 2025).
Disclaimer: 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. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Based in Dublin, serving clients across Ireland for all personal injury claims. No in-person meetings needed. Call 01 903 6408 for a free case assessment.
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.
Contact us at our Dublin office to get started with your claim today
