Slip, Trip and Fall Claims in Ireland
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·
A slip, trip or fall on someone else's premises in Ireland can give rise to a public liability claim if the occupier failed to meet the common duty of care under section 3 of the Occupiers' Liability Act 1995 [1]. Since July 2023, courts apply five new statutory factors when assessing whether the occupier is liable. The claim process starts with the Injuries Resolution Board [5] (IRB, formerly PIAB). A one-month written notice under section 8 of the Civil Liability and Courts Act 2004 [3] is required. The standard limitation period is two years. This page covers public liability only. Workplace slip and fall claims are covered separately.
This is general information, not legal advice. Every case depends on its own facts. Consult a solicitor for advice specific to your situation.
Key points about slip, trip and fall claims in Ireland:
1. The occupier owes a common duty of care to visitors under the Occupiers' Liability Act 1995.
2. Since July 2023, courts must weigh five factors including the probability of danger, cost of precautions, and social utility of the activity.
3. A written notice of claim must be sent to the occupier within one month of the accident under section 8 of the Civil Liability and Courts Act 2004.
4. CCTV footage is typically overwritten within 14 to 30 days. Request it immediately under GDPR.
5. The median public liability award through the IRB in 2024 was approximately €13,660, assessed under the Judicial Council Personal Injuries Guidelines.
In short: The occupier owes a common duty of care to visitors under the Occupiers' Liability Act 1995. Since July 2023, courts weigh five statutory factors when deciding liability. A written notice of claim must be sent within one month of the accident. CCTV is typically overwritten within 14 to 30 days. Request it immediately. Sources: Occupiers' Liability Act 1995 [1] · Civil Liability and Courts Act 2004, s.8 [3].
Contents
Quick check: could you have a claim?
Answer these five questions for a general indication. This is educational guidance only and does not constitute legal advice.
What to do after a slip, trip or fall (timed action steps)
The steps you take in the hours and days after a fall determine whether the claim has a strong foundation or starts with gaps that are difficult to fill later. Each step below is tied to a specific Irish legal requirement or evidence deadline.
1. At the scene. Report the incident to the staff, manager or property owner. Ask them to record it in the accident report book. Keep a copy or photograph the entry. Take clear photos of the hazard, the surrounding area, any warning signs (or the absence of signs), and the lighting conditions. Collect the names and phone numbers of anyone who saw the fall.
2. Same day. Attend your GP or A&E. Even if the injury feels minor, medical records created on the day of the accident directly link the fall to the injury. Delayed attendance gives the insurer room to argue the injury was pre-existing or unrelated.
3. Within 7 days. Send a written CCTV subject access request to the premises under GDPR. Most commercial CCTV systems overwrite footage within 14 to 30 days. If you wait longer, the footage that shows the hazard, the duration it was left unaddressed, and the mechanics of your fall may be gone permanently.
4. Within 1 month. Your solicitor sends the section 8 notice [3] to the occupier. This is the Notice-and-Preserve Window. Missing this deadline can lead to adverse cost consequences and weakened credibility, even if the claim itself succeeds.
5. Within 2 years. Submit the IRB application with supporting medical evidence. The earlier you apply, the fresher the evidence and the stronger the application. Two years is the legal maximum, not a target.
What legal test applies to a slip, trip or fall claim in Ireland?
An occupier of premises owes a common duty of care to every visitor, under section 3 of the Occupiers' Liability Act 1995 [1]. That duty requires the occupier to take reasonable care so that a visitor does not suffer injury because of a danger on the premises. The occupier is not an insurer of visitor safety. The question is whether the occupier acted reasonably in the circumstances, not whether a fall occurred.
To succeed in a public liability claim for a slip, trip or fall, an injured person must show four things: that a danger existed on the premises, that the danger caused the injury, that the occupier failed to take reasonable care, and that the failure caused or contributed to the accident. A danger in this context means a danger due to the state of the premises, not a danger from an activity on the premises.
One aspect that catches many claimants off guard: the mere fact that you fell and suffered an injury does not automatically mean the occupier is at fault. If the hazard was obvious and avoidable, or appeared moments before the fall and the occupier had no realistic chance to address it, the claim may not succeed.
How did the 2023 amendments change occupier liability?
Since 31 July 2023, courts must weigh five specific statutory factors when deciding whether an occupier breached the common duty of care. These factors were introduced by section 40 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 [2], which inserted a new section 3(1A) into the 1995 Act.
The five statutory factors courts now weigh
| Factor | What it means for a fall claim |
|---|---|
| Probability that a danger existed | Was the hazard foreseeable? A sudden spill from another customer is less foreseeable than a recurring leak from a freezer unit. |
| Probability that an injury would occur | Was the hazard actively dangerous, or was the risk minimal? A puddle on a smooth tiled floor carries more risk than a damp patch on a textured surface. |
| Probable severity of injury | Could the hazard cause serious harm, or was a minor bruise the likely outcome? |
| Practicability and cost of precautions | Were the precautions the claimant says the occupier should have taken practical and affordable? Continuous floor monitoring in a large shopping centre may not be reasonable. |
| Social utility of the activity | Was the activity creating the risk serving a public or community purpose? Community events and essential services are not held to the same standard as a commercial retail operation. |
The timing matters more than most guides suggest: these amendments were designed to reduce insurance premiums by rebalancing occupier liability in Ireland. For claimants, they raise the threshold for proving a breach. For a fall claim taken after July 2023, you must now satisfy what practitioners refer to as the Five-Factor Duty Test, not just show that a hazard existed. Each of the five factors in section 3(1A) can work for or against the claimant, and a strong claim addresses all five with evidence.
Voluntary assumption of risk (section 5A)
The 2023 Act also added section 5A, which places the voluntary assumption of risk on a statutory footing. An occupier does not owe the common duty of care to a visitor who willingly accepted a risk that they were capable of understanding. No written waiver or direct communication is required. A court can decide the visitor accepted the risk based on their words or conduct alone. Source: William Fry analysis (September 2023) [11].
Practical effect: A person who slips on a grassy verge in a car park while wearing unsuitable shoes will face a harder claim post-2023. The court now explicitly weighs whether the visitor took reasonable care for their own safety, whether the cost of preventing the hazard was proportionate, and whether the visitor voluntarily accepted the risk.
What is the difference between a usual and unusual danger?
Irish courts distinguish between "usual" dangers that a visitor can reasonably avoid and "unusual" dangers that the occupier must guard against. This distinction often decides whether a slip or fall claim succeeds or fails.
In Lavin v Dublin Airport Authority plc [2016] IECA 268, the Court of Appeal held that a staircase is a "usual" danger. By its nature, descending a staircase carries a risk of falling, but that risk is one an adult can manage by using the handrail and taking care. If the handrail broke or gave way, that would be an "unusual" danger creating occupier liability.
The High Court confirmed this approach after the 2023 amendments in Scanlan v McDonnell [2024] IEHC 324. The court held that a usual danger with no defect does not create liability under section 3, even after the legislative changes. The visitor is expected to take the care a reasonable adult would take for their own safety.
The distinction matters for evidence. If you fell on a staircase with no defect, no spillage and no broken handrail, the occupier's lawyers will argue you encountered a usual danger. Your solicitor will need to identify the specific defect or hazard that made the danger unusual, such as a missing anti-slip strip, poor lighting, or a worn step edge.
Who can be liable for a slip, trip or fall?
The person who controls the premises is the occupier for the purposes of the 1995 Act, and the occupier owes the duty of care. There can be more than one occupier if different parties control different parts of the same building.
Common defendants in Irish slip, trip and fall claims include shop owners and retailers, hotel and restaurant operators, shopping centre management companies, local authorities (for public footpaths, parks and car parks), landlords and property managers (for common areas in apartment blocks), schools and creches, and event organisers.
A visitor is a person present on the premises with the occupier's permission or invitation. Customers in a shop, guests in a hotel and patients attending a hospital are visitors. A different and lower duty applies to recreational users and trespassers under section 4 of the Act. Since the 2023 amendments, the occupier is only liable to a trespasser or recreational user if they knew of, or were reckless about, the danger.
For claims against local authorities, a critical distinction applies. A council is generally not liable for nonfeasance, meaning the simple failure to repair a footpath that has deteriorated over time. Liability typically attaches only for misfeasance, where the council carried out a negligent repair that created or worsened the hazard.
What evidence strengthens a slip, trip or fall claim?
Evidence in an Irish fall claim must prove two things: that the hazard existed and that the occupier had notice of it or should have discovered it through a reasonable inspection system. From handling these cases, the single biggest factor separating strong claims from weak ones is proof of how long the hazard was present before the fall.
The key evidence types, mapped to the legal test they support:
Evidence mapped to the legal test
| Evidence type | What it proves | Timing |
|---|---|---|
| Photographs of the hazard and scene | That a danger existed on the premises | Take immediately after the fall |
| CCTV footage | Duration of hazard, mechanics of fall, staff response (or lack of it) | Request within 7 days (retention is typically 14 to 30 days) |
| Accident report / incident log | That the accident was reported at the time | Complete before leaving the premises |
| Witness contact details | Independent confirmation of what happened | Collect at the scene |
| Medical records (GP or hospital) | That the fall caused the injury | Attend within 24 hours |
| Cleaning logs and maintenance records | Whether the occupier had a reasonable inspection system | Obtained through solicitor disclosure requests |
| Footwear worn at the time | Whether the claimant's shoes contributed to the fall (contributory negligence defence) | Preserve in a sealed bag immediately after the fall. Do not clean or discard them |
CCTV: why days matter, not months
CCTV is time-sensitive. Most commercial premises overwrite footage within 14 to 30 days. Under GDPR, you can make a subject access request and the business must respond within one month. The Data Protection Commission [13] publishes guidance on CCTV access rights. Request the footage as soon as possible. Once overwritten, it cannot be recovered.
Cleaning logs and the "reasonable system" question
A detail the official guidance doesn't cover: cleaning logs and maintenance schedules are often the most powerful evidence in a fall claim. If the occupier says they had a "reasonable system" for spotting hazards, your solicitor can seek disclosure of the logs. Gaps in those logs, such as a four-hour window with no recorded inspection, can directly prove the occupier failed to take reasonable care.
What counts as a reasonable inspection frequency depends on the premises. The HSA's slips, trips and falls guidance [8] does not prescribe exact intervals, but the practical expectation in case law is that high-traffic retail areas require checks every 15 to 30 minutes during trading hours. A hotel lobby or restaurant may be held to a similar standard. Quieter commercial premises with low footfall may satisfy the duty with hourly or two-hourly checks. When the logs show a gap longer than the expected interval at that type of premises, the occupier faces a difficult argument on the Five-Factor Duty Test.
How the notice question works in practice. A bottle of olive oil breaks in a supermarket aisle at 10:15am. The store's cleaning log records the last floor walk at 9:30am. The next logged check is at 11:45am. A customer slips at 11:20am. The gap between the spill and the next scheduled inspection is 90 minutes in a high-traffic aisle where 15 to 30 minute checks are the expected standard. That gap is the evidence. It shows the occupier did not have a reasonable system running at the time the hazard was present. In a claim, the solicitor obtains the cleaning log through disclosure, cross-references the CCTV timeline, and presents the gap to the IRB or court as proof that the occupier failed the Five-Factor Duty Test on the probability-of-danger and practicability factors.
Preserve the footwear
One detail that surprises clients: defendants routinely request the shoes the claimant was wearing at the time of the fall. If the sole was smooth, worn down, or unsuitable for the surface, the defence will argue contributory negligence. In Byrne v Ardenheath, footwear was central to the Court of Appeal's decision to overturn the claimant's award entirely. Keep the shoes in a sealed bag without cleaning them. If you have already discarded them, note the make, model and condition as accurately as you can. This small step protects against a defence argument that can reduce or defeat an award.
For more detail on the broader evidence framework, see how to prove a public liability claim and evidence for public liability claims.
Why does the one-month notice matter?
Section 8 of the Civil Liability and Courts Act 2004 [3] requires a written letter of claim to be sent to the occupier within one month of the accident. This deadline runs alongside the two-year statute of limitations and is far more immediate.
Failure to send this notice on time, without reasonable cause, has consequences. The judge can draw adverse inferences from the delay, weakening the claimant's credibility. The court can also reduce or remove the legal costs that would normally be paid by the losing side, meaning a successful claimant could still face their own legal costs because the notice was late. Source: Holmes Law analysis [12].
The policy behind the rule is evidence preservation. A supermarket owner or hotel manager has a right to investigate a fall while the scene is fresh, witnesses remember the details, and CCTV footage still exists. A delay of several months can make that investigation impossible.
We call this the Notice-and-Preserve Window: the first 30 days after a fall where three deadlines converge. The section 8 written notice must go to the occupier. A GDPR subject access request must go to the premises to preserve CCTV. And the key physical evidence (cleaning logs, the hazard itself, footwear) must be documented or secured. Missing the Notice-and-Preserve Window does not bar a claim, but it weakens it in ways that are difficult to repair later.
Between the section 8 notice and CCTV retention windows, the practical deadline for action after a fall is days or weeks, not years. Unlike in England and Wales, where a formal pre-action protocol under the Civil Procedure Rules governs the early stages of a claim, Ireland has no equivalent protocol. The section 8 one-month notice is the closest procedural obligation, and missing it carries real consequences.
Can contributory negligence reduce compensation?
Under section 34 of the Civil Liability Act 1961 [4], contributory negligence reduces the compensation award proportionally but does not bar the claim entirely. If a court finds you were 25% responsible for your own injury, your award is reduced by 25%.
Common contributory negligence arguments in Irish slip and fall claims include:
| Factor | How it affects the claim |
|---|---|
| Ignoring a wet floor sign | The occupier may argue the warning was sufficient to enable the visitor to avoid the hazard under section 3(5) of the 1995 Act |
| Wearing unsuitable footwear | In Byrne v Ardenheath [2017] IECA 293, the High Court initially found 40% contributory negligence for unsuitable footwear on a grassy verge, but the Court of Appeal overturned liability entirely, finding the claimant bore responsibility for the route and footwear chosen |
| Phone distraction | The court may find the visitor failed to take reasonable care for their own safety |
| Entering a restricted area | Walking into a clearly marked "Staff Only" zone could reduce or eliminate recovery |
| Rushing or running | Running through a retail environment increases the chance of a contributory finding |
The 2023 amendments reinforced the principle of personal responsibility. As Irvine J noted in the Court of Appeal: adult members of society are obliged to take care for their own safety and cannot transfer responsibility for their actions to the occupier. The occupier is not an insurer of visitor welfare.
What will the occupier's insurer argue?
Every slip, trip and fall claim in Ireland meets resistance from the occupier's insurer. Knowing the three most common defence arguments helps a claimant prepare before they arise.
"The hazard was obvious or was a usual danger"
The insurer will argue that the hazard was visible and avoidable, or that it was a "usual" danger the visitor should have managed by taking ordinary care. If the hazard was a staircase with no defect, or a puddle in an open car park on a rainy day, this argument has force. The counter: your solicitor must identify the specific defect or condition that made the danger unusual, such as a broken drain cover concealed by rainwater, a missing anti-slip strip, or a spill left unaddressed for an unreasonable period.
"The claimant caused or contributed to the injury"
Contributory negligence is raised in the majority of defended claims. The insurer will look for unsuitable footwear, phone distraction, ignoring warning signs, or choosing a shortcut. The counter: contributory negligence under section 34 of the Civil Liability Act 1961 reduces the award proportionally. It does not defeat the claim. Your solicitor can challenge the percentage the insurer proposes by showing the occupier's breach was the dominant cause.
"We had a reasonable inspection system"
The strongest defence in many retail and hospitality claims. The occupier produces cleaning logs showing regular checks. The counter: your solicitor seeks full disclosure of the logs and cross-references them against the CCTV timeline. A log showing a "check" every 30 minutes means nothing if the CCTV shows a spill present for 45 minutes before your fall. Gaps, inconsistencies, and missing entries in the logs often dismantle this defence.
How does the IRB process work for public liability falls?
Most public liability slip, trip and fall claims in Ireland must go through the Injuries Resolution Board [5] (IRB) before court proceedings can begin. The IRB was formerly known as the Personal Injuries Assessment Board (PIAB) until the Personal Injuries Resolution Board Act 2022 renamed and expanded it.
The process works in stages. Your solicitor submits an application (Form A) with supporting medical evidence. The IRB notifies the respondent (the occupier or their insurer), who has 90 days to consent or decline assessment. If they consent, the IRB assesses the claim and issues an award. Both sides can accept or reject the award. If rejected, the IRB issues an authorisation allowing court proceedings.
Assessment timeline and acceptance rates
According to the IRB Annual Report 2024 [5], the average assessment timeline was 11.2 months. Over half of all awards were made within nine months. The respondent consent rate was 70% for the third consecutive year, and the overall acceptance rate reached 50%.
According to the IRB's Award Values Report for the second half of 2024 [7], the median public liability award in Ireland was €13,660, a 34% reduction from 2020 levels. Public liability claims accounted for 4,780 of the 20,837 total claims submitted. For claims valued under €150,000, the average award through the IRB (€26,177) was almost identical to the average award through litigation (€26,384), confirming that the IRB route produces comparable outcomes at lower cost and in less time.
Mediation vs standard assessment: which route is faster?
Since May 2024, the IRB offers a mediation service for public liability claims. The difference between mediation and standard assessment is significant for claimants who want a faster resolution. Source: IRB mediation page [10].
| Feature | Standard assessment | Mediation |
|---|---|---|
| Average resolution time | 11.2 months | Approximately 3 months |
| How it works | Paper-based. The IRB reviews medical evidence and issues an award without a hearing. | Telephone-based. An independent mediator facilitates discussion between both sides. |
| What can be discussed | Compensation amount only. Liability is assumed for assessment purposes. | Compensation, liability, extent of injury, contributory negligence, and future treatment. |
| Binding? | Only if both sides accept the assessment. Either side can reject. | Only if both sides reach agreement. If mediation fails, the claim reverts to standard assessment. |
| Voluntary? | The respondent must consent to assessment (70% did in 2024). If they decline, the IRB issues an authorisation for court. | Both sides must opt in. The claimant can request mediation when submitting the application. |
| Cost to claimant | IRB application fee applies. | No additional fee for mediation beyond the standard application fee. |
How long does a slip and fall claim take from start to finish?
A straightforward public liability fall claim resolved through the IRB typically takes 12 to 18 months from accident to final payment. That breaks down roughly as follows: the first month covers evidence gathering and the section 8 notice. The IRB application is submitted once medical evidence is ready (often 2 to 4 months post-accident, depending on recovery). Assessment takes an average of 11.2 months. If both sides accept the award, payment follows within weeks. If the claim is rejected and goes to court, add 12 to 24 months for Circuit Court proceedings, or longer for the High Court. Mediation through the IRB can shorten the resolution phase to around 3 months.
Independent medical examinations
One step that surprises many claimants: the respondent's insurer will almost always request an independent medical examination (IME) of the injured person, conducted by a doctor chosen by the insurer. This is separate from the claimant's own medical reports. The IME doctor will assess the injury, recovery and prognosis. Their report is used to challenge or verify the claimant's medical evidence. The IRB itself may also arrange an examination. Your solicitor can advise on what to expect and how to prepare.
For more detail on the IRB process, see public liability claims through the IRB.
What compensation can be claimed after a slip, trip or fall?
Compensation for a slip, trip or fall claim in Ireland is assessed under the Judicial Council Personal Injuries Guidelines [6], which replaced the Book of Quantum in April 2021. The Guidelines provide brackets for general damages (pain, suffering and loss of quality of life). Special damages (financial losses) are assessed separately and are not capped.
According to the IRB Award Values Report (H2 2024) [7], the median public liability award in 2024 was approximately €13,660, down 34% from 2020 levels. The total amount awarded across all categories in 2024 was €168 million.
| Injury type | Typical bracket | Notes |
|---|---|---|
| Minor soft tissue (full recovery within months) | €500 to €3,000 | Bruising, minor sprains with short recovery |
| Wrist fracture (substantially recovered) | €11,800 to €22,700 | Common in slip and fall accidents where the person braces against impact |
| Ankle fracture (moderate) | €16,700 to €28,400 | Fractures, ligament tears with residual restriction |
| Back injury (moderate, ongoing symptoms) | €22,000 to €40,500 | Disc injuries, ongoing pain, limited mobility |
| Hip fracture (serious) | €40,000 to €70,000+ | Common in elderly fall claimants, significant recovery impact |
These are general brackets only. Every case is assessed on its own facts, including the severity of the injury, recovery time, prognosis and impact on daily life. Figures above are drawn from the 2021 Guidelines, which remain in force. Draft amendments proposing a 16.7% increase were approved by the Judicial Council in early 2025 but were not brought before the Oireachtas. The 2021 brackets remain the active law. Source: injuries.ie [14].
Special damages are calculated on top of general damages and cover medical expenses, physiotherapy, lost earnings, travel costs, care costs and any other financial losses caused by the injury. In an inflationary environment where the general damages brackets have not been updated since 2021, special damages are often the main area where a solicitor can secure fair value.
How are multiple injuries from the same fall assessed?
Falls often cause more than one injury. A person who slips on a wet floor may fracture a wrist bracing against impact and also injure a knee or back. The Judicial Council Guidelines state that compensation for multiple injuries is not calculated by adding the individual brackets together. The most serious injury is assessed first within its bracket. The lesser injuries then add an uplift to the overall award, but the total must remain proportionate when viewed against more severe injury types covered by the Guidelines. A solicitor who understands how this assessment works can present the injuries in a way that properly reflects the combined impact on the claimant's life.
For more on how damages are assessed, see public liability compensation in Ireland.
What time limits apply to a slip, trip or fall claim?
The standard limitation period for a personal injury claim in Ireland is two years from the date of the accident, or from the date the injured person first became aware that a significant injury had occurred. This "date of knowledge" rule matters when an injury does not become apparent until weeks or months after the fall.
The date of knowledge rule applies in practice more often than people expect. A person who falls and feels only back stiffness may discover a disc herniation at an MRI six weeks later. A head impact that seemed minor at the time can develop into post-concussion symptoms over the following month. A stress fracture in the foot may not appear on the initial X-ray and only shows on a later scan. In each case, the two-year clock may start from the date the serious injury was diagnosed, not the date of the fall itself.
For children, the two-year clock does not start until the child's 18th birthday. A parent or guardian (acting as "next friend") can bring the claim at any time before then. For adults lacking mental capacity, the limitation period may be extended. Source: Citizens Information [9]. For more on how claims for children work, see child public liability claims.
Unlike in England and Wales, where the limitation period for personal injury claims is three years under the Limitation Act 1980, in Ireland the deadline is two years. Content from UK-based legal websites does not apply to Irish claims and can create a false sense of how much time is available.
The practical deadline is far shorter than two years. As noted above, the section 8 written notice must be sent within one month. CCTV is typically overwritten within 14 to 30 days. Cleaning logs may be discarded. Witnesses forget. The Notice-and-Preserve Window applies here: acting within the first week after a fall gives the strongest foundation for a claim.
For a deeper look at these deadlines, see time limits for public liability claims.
Common slip, trip and fall accident scenarios
Slips, trips and falls happen in a wide range of settings, and the legal analysis changes depending on where the fall occurred and what caused it. According to the Health and Safety Authority [8], nearly 50% of all claims against retailers are for slips, trips and falls.
Each scenario below is covered in more detail on its own dedicated page:
| Scenario | Typical hazards | Detailed page |
|---|---|---|
| Wet floor in a shop or supermarket | Spills, cleaning without warning signs, leaking freezer units | Wet floor accident claims |
| Uneven or broken surface | Damaged paving, raised edges, poor repairs | Uneven surface claims |
| Falling object in a shop | Unsecured stock, overloaded shelves, poor stacking | Falling object claims |
| Car park trip or fall | Potholes, poor lighting, uneven surfaces, absent markings | Car park accident claims |
| Hotel or restaurant fall | Wet lobby floors, broken stairs, poor lighting | Hotel accident claims · Restaurant accident claims |
| Footpath or pavement trip | Broken slabs, tree root uplift, council maintenance gaps | Local authority claims |
This page covers the shared legal framework that applies across all these scenarios. The dedicated guides above address the specific evidence, liability arguments and practical steps relevant to each setting.
Case law that shapes Irish slip, trip and fall claims
Byrne v Ardenheath Company Ltd [2017] IECA 293
The claimant slipped in a shopping centre car park while walking down a grassy verge in wet conditions. The High Court initially found the occupier liable but applied a 40% contributory negligence reduction for the claimant's choice of route and footwear. The Court of Appeal overturned the award entirely, holding that the occupier was not liable. Irvine J stated that judges must not inadvertently deny adults the consequences of ordinary risk-taking by imposing impossible standards on occupiers.
Why it matters: The judgment reinforced personal responsibility and directly influenced the 2023 legislative amendments.
Lavin v Dublin Airport Authority plc [2016] IECA 268
The Court of Appeal drew the distinction between "usual" and "unusual" dangers. A staircase, by its nature, carries a risk of falling. That risk is "usual" and does not create occupier liability if the staircase has no defect. An unsecured or broken handrail would be an "unusual" danger for which the occupier is responsible.
Why it matters: Established the analytical framework courts still use to determine whether a hazard is the occupier's responsibility or the visitor's own risk to manage.
Scanlan v McDonnell [2024] IEHC 324
The first significant post-2023-amendment decision on what constitutes a "danger" under the Occupiers' Liability Act. The High Court confirmed that the 2023 amendments codified existing Court of Appeal principles. A usual danger with no defect does not attract occupier liability, and the visitor is expected to exercise reasonable care for their own safety.
Why it matters: Confirms that the 2023 rebalancing is being applied in practice, raising the threshold claimants must meet.
Common questions about slip, trip and fall claims in Ireland
Can I claim if I slipped in a supermarket in Ireland?
You may have a claim if the supermarket failed to take reasonable care to prevent the hazard.
The key question is whether the spill or hazard was present long enough that the supermarket should have discovered and addressed it through a reasonable inspection system. A spill that occurred moments before your fall, with no realistic opportunity for staff to intervene, is unlikely to create liability. Your solicitor will seek the cleaning logs and CCTV to establish how long the hazard was present.
From practice: Supermarket spill cases often turn on the gap between the last recorded floor inspection and the time of the fall. If the logs show a 90-minute gap in a busy store, that gap becomes the strongest piece of evidence in the claim.
Next step: See supermarket accident claims for the specific evidence and process steps.
How long do I have to make a slip and fall claim in Ireland?
The standard time limit is two years from the date of the accident or from the date you became aware of a significant injury.
For children, the two-year period starts on their 18th birthday. A separate, more urgent deadline applies under section 8 of the Civil Liability and Courts Act 2004: a written notice of claim must be sent within one month of the accident. Missing this deadline can result in adverse cost consequences even if you win.
From practice: The two-year limit gives a misleading sense of comfort. CCTV overwrites in days. Cleaning logs get discarded. The real deadline for preserving the evidence that makes or breaks a claim is measured in days, not years.
Next step: See time limits for public liability claims for the full breakdown of deadlines.
What if my accident happened more than a month ago and I have not sent a section 8 notice?
You can still bring a claim. Missing the one-month section 8 deadline does not bar the claim itself.
The consequence is procedural, not fatal. The court may draw adverse inferences from the delay and may reduce the costs payable to you. If you have a reasonable explanation for the delay (for example, you were hospitalised, or you did not know you had a significant injury until later), the court takes that into account. The two-year statute of limitations remains the hard deadline for issuing proceedings.
From practice: Many clients contact a solicitor weeks or months after a fall. A late section 8 notice is far better than no notice at all. The priority at that stage shifts to preserving whatever evidence still exists, particularly CCTV and cleaning logs.
Next step: Contact a solicitor as soon as possible. The sooner the notice goes out, the weaker the adverse inference argument becomes.
What compensation can I get for a slip and fall injury?
Compensation depends on the type and severity of the injury, assessed under the Judicial Council Personal Injuries Guidelines (2021).
The median public liability award through the IRB in 2024 was approximately €13,660. Awards are split into general damages (for pain and suffering) and special damages (for financial losses such as medical costs, lost earnings and care expenses). Every case is assessed individually.
From practice: Since the general damages brackets have not been updated since 2021 despite 16% inflation, special damages (medical bills, lost wages, care costs) are now the main area where a solicitor can secure fair value for the claimant.
Next step: See public liability compensation for injury-specific brackets. In contentious business, a solicitor may not calculate fees as a percentage of any award or settlement.
Can I claim if I was partly at fault for my fall?
Yes. Under section 34 of the Civil Liability Act 1961, contributory negligence reduces your compensation proportionally but does not prevent you from claiming.
If you were 30% responsible for your own injury, your award is reduced by 30%. Common factors include ignoring warning signs, wearing unsuitable footwear, or being distracted by a phone.
From practice: Insurers almost always raise contributory negligence as a defence, even in strong cases. Preserving the footwear you wore at the time of the fall (in a sealed bag, uncleaned) removes one of their most common arguments before it starts.
Next step: A solicitor can assess how contributory negligence arguments are likely to apply to your specific circumstances.
Do I need a solicitor for a slip and fall claim?
You are not legally required to have a solicitor, but occupier liability claims involve statutory tests, evidence disclosure and procedural deadlines that are difficult to manage without legal training.
The section 8 one-month notice, CCTV preservation requests, cleaning log disclosure, and the IRB application all require precise handling. A solicitor experienced in public liability can identify whether your fall meets the legal test and manage the process from evidence gathering through to assessment or court.
From practice: The difference between assessment and acceptance often comes down to how the medical evidence and maintenance records are presented in the Form A application. The IRB assesses on paper, so the quality of the written submission matters.
Next step: Call 01 903 6408 to discuss your case with a solicitor experienced in Irish public liability falls.
What is the difference between a public liability and employer liability fall claim?
A public liability claim arises when you are injured as a visitor on someone else's premises. An employer liability claim arises when you are injured at your own workplace. The legal framework differs. Public liability falls are governed by the Occupiers' Liability Act 1995. Workplace falls are governed by the Safety, Health and Welfare at Work Act 2005 and common law employer duties. This page covers public liability only. For workplace falls, see slip and fall at work claims. For a direct comparison, see public liability vs employers' liability.
How do I request CCTV footage after a fall?
You can make a subject access request under GDPR. The business must respond within one month. Write to the business (or its data protection officer) identifying the date, time and location of the incident. Ask for all footage that includes you. Many businesses overwrite CCTV within 14 to 30 days, so request the footage as early as possible. The Data Protection Commission [13] publishes guidance on your access rights.
Does a wet floor sign protect the shop from liability?
Not automatically. Under section 3(5) of the Occupiers' Liability Act 1995, a warning is not enough on its own unless, in all the circumstances, it was sufficient to enable the visitor to avoid the injury. A sign placed beside a puddle in a narrow corridor that visitors cannot avoid may not be adequate. The question is always whether the warning, combined with any other precautions, was enough to allow the visitor to protect themselves.
Can I still claim if I didn't report the accident at the time?
Not reporting at the scene does not automatically prevent a claim, but it weakens the evidence foundation.
Without an accident report, the occupier may later deny the fall happened on their premises or argue there was no hazard. Your solicitor can still build the case using CCTV footage (if requested quickly enough), medical records from the same day, and witness statements. Photographs of the hazard taken on the day also help. The section 8 written notice to the occupier, sent within one month, creates a formal record of the claim even if the incident was not reported at the time.
From practice: The strongest unreported claims are the ones where the person attended A&E or their GP the same day. That medical record, combined with a prompt CCTV request, can fill much of the gap left by a missing incident report.
Next step: Contact a solicitor promptly. The Notice-and-Preserve Window is even more important when no accident report exists.
What if the occupier has no public liability insurance?
The claim can still proceed against the occupier personally, but enforcing a judgment becomes more difficult. If the occupier is a limited company, a judgment can be registered against the company. If the occupier is an individual, enforcement options include instalment orders and judgment mortgages. Your solicitor will assess the occupier's means before advising on whether to proceed. In practice, most commercial premises carry public liability insurance, and many private landlords are required to by their lease terms.
What to consider next
What if the occupier says the hazard was reported but not yet fixed?
A reported hazard that remains unfixed strengthens the claimant's case because it shows the occupier had actual notice. Under the Five-Factor Duty Test, the court will weigh the time between the report and the accident against the practicability of a fix. If the repair was simple and affordable, delay in addressing it may constitute a breach of the common duty of care.
Can I claim if I fell in a council-owned park or playground?
Local authorities owe the same common duty of care to visitors under section 3 of the Occupiers' Liability Act 1995. For recreational areas, the 2023 amendments raised the bar: the occupier is only liable for dangers they actually knew about or were reckless about. A playground accident claim or a local authority claim will require evidence that the council was aware of the specific hazard.
What happens if the occupier's insurer disputes liability?
If the IRB assessment is rejected by either side, the IRB issues an authorisation allowing court proceedings. Your solicitor can then issue proceedings in the Circuit Court (for claims up to €75,000) or the High Court (for claims above that threshold). Most public liability fall claims settle before reaching a full hearing. The Notice-and-Preserve Window evidence gathered in the first 30 days is often what drives a settlement at this stage.
References
- Occupiers' Liability Act 1995 (Revised Acts)
- Courts and Civil Law (Miscellaneous Provisions) Act 2023
- Civil Liability and Courts Act 2004, section 8 (Revised Acts)
- Civil Liability Act 1961, section 34
- Injuries Resolution Board Annual Report 2024
- Judicial Council Personal Injuries Guidelines (2021)
- IRB Award Values Report H2 2024
- HSA: Slips, Trips and Falls Information
- Citizens Information: Injuries Resolution Board
- IRB Mediation Service
- William Fry: Changes to Occupiers' Liability (September 2023)
- Holmes Law: Section 8 Notice Requirements
- Data Protection Commission
- IRB: Rules and Legislation (Guidelines status)
This is general information for educational purposes only. It does not constitute legal advice. Every case depends on its own facts. 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.
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
