What Is 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 ·
A public liability claim is a civil action for compensation under Irish law when a person is injured on premises due to the occupier's negligence. The legal foundation is the Occupiers' Liability Act 1995 [1], which was significantly amended on 31 July 2023 by the Courts and Civil Law (Miscellaneous Provisions) Act 2023 [2]. The claim targets the occupier, meaning the person or organisation exercising control over the premises. It does NOT target the injured person's own insurer.
In Ireland, a public liability claim requires proving that the occupier owed a duty of care, breached that duty, and caused injury as a result. Under the Occupiers' Liability Act 1995 (as amended 2023), claims must be submitted to the Injuries Resolution Board before court. The time limit is two years from the date of knowledge 3.
Ireland only. Public liability law in Ireland differs from UK law. The Occupiers' Liability Act 1995 (as amended 2023) applies in the Republic of Ireland. Northern Ireland and the rest of the UK have different legislation, different time limits (3 years in the UK, 2 years in Ireland), and different claims processes. The information on this page applies to accidents in Ireland only.
A public liability claim arises when an occupier breaches a duty of care owed to a visitor and that breach causes injury. Since July 2023, courts must weigh the probability of danger, severity of injury, cost of precautions, and social utility of the activity. Claims go to the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2022, before court. The time limit is two years from the date of knowledge. This page explains public liability claims from the perspective of an injured person in Ireland, not from the perspective of a business seeking insurance. Sources: Occupiers' Liability Act 1995 1. Citizens Information [3].
Contents
What is the legal basis for a public liability claim?
Section 3 of the Occupiers' Liability Act 1995 imposes a "common duty of care" on every occupier toward visitors on their premises 1. That duty requires the occupier to take such care as is reasonable in all the circumstances to ensure that a visitor does not suffer injury or damage by reason of any danger existing on the premises.
The 1995 Act divides everyone who enters premises into three categories, each owed a different level of protection:
| Category | Who qualifies | Duty owed |
|---|---|---|
| Visitor | A person present with the occupier's actual or implied permission: shoppers, hotel guests, restaurant diners, patients, parents collecting children | Common duty of care: take reasonable care to prevent injury from any danger on the premises |
| Recreational user | A person on premises without charge for recreational purposes: walkers on private land, swimmers at an open beach | Do not intentionally injure or act with reckless disregard |
| Trespasser | A person on premises without any invitation or permission | Do not intentionally injure or act with reckless disregard |
What type of entrant are you?
An occupier is defined not by ownership but by control. Section 1 defines an occupier as "a person exercising such control over the state of the premises that it is reasonable to impose upon that person a duty." A tenant running a restaurant, a management company maintaining a shopping centre, or a local authority responsible for a footpath can each be an occupier. More than one party can be an occupier of the same premises at the same time. See our full guide to the Occupiers' Liability Act 1995.
In practice, the control question determines who you claim against. If you slip in a coffee shop inside a shopping centre, the coffee shop tenant is typically the occupier for hazards inside the shop (a wet floor near the counter, for example). The shopping centre management company is typically the occupier for hazards in the common areas like corridors, escalators, and the car park. Getting this wrong early can delay or derail a claim.
A detail that catches many claimants off guard: public liability under the 1995 Act is NOT the same as general negligence. The Act defines "danger" narrowly as a danger due to the state of the premises. A broken step, a wet floor, or a collapsing ceiling qualifies. An assault by another customer in a pub, or an injury caused by another visitor's trolley in a supermarket, does NOT fall under the Occupiers' Liability Act. Those incidents may still support a claim in general negligence, but the legal test and the burden of proof are different.
Recent Irish case law has also established that occupiers carry no liability for "usual" dangers. In a 2024 High Court decision, a visitor injured near a service post in a caravan park failed because the cable she tripped over was a typical, expected feature of the premises. The court held that visitors should take care around ordinary hazards they can see and avoid 1. The distinction between an unusual danger (claim may succeed) and a usual one (claim will likely fail) is one of the first things a solicitor assesses.
This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.
What changed on 31 July 2023?
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 amended Sections 3, 4, and 5 of the 1995 Act, reshaping how the duty of care is assessed in Irish public liability claims 2. Every claim where the cause of action arose after 31 July 2023 is affected.
Before July 2023, courts applied the general test of "reasonable care in all circumstances." Section 3(1A) now requires courts to weigh specific statutory factors:
| Factor | What it means for claimants |
|---|---|
| Probability of a danger existing | Was it likely that a hazard would arise? A wet floor near a drinks counter is more foreseeable than one in a locked stockroom. |
| Probability of injury occurring | How likely was it that the danger would actually cause harm? |
| Probable severity of injury | A low kerb might cause a stumble. A missing guardrail beside a stairwell could cause catastrophic injury. |
| Practicability and cost of precautions | Could the occupier have prevented the hazard without unreasonable difficulty or expense? |
| Social utility of the activity | If the activity creating the risk has social value (a community sports event, for example), courts may weigh that against requiring absolute safety. |
The standard for recreational users and trespassers also shifted. Previously, courts asked whether the occupier had "reasonable grounds for believing" a danger existed. The test is now whether the occupier "knew of, or was reckless" as to the danger. Where a person entered premises to commit an offence, occupiers are now shielded unless courts find "exceptional circumstances" rather than the previous "interests of justice" test. Source: Law Society Gazette (July 2023) [8].
Practical impact: Since the 2023 amendments, defendants increasingly argue voluntary assumption of risk and the social utility defence. Strong evidence of the hazard, how long it existed, and what the occupier knew about it matters more now than ever. If CCTV exists, move quickly. Retention windows can be as short as 7 days. See proving a public liability claim.
Voluntary assumption of risk (Section 5A)
Under the new Section 5A, an occupier owes no duty of care to a visitor or recreational user who willingly accepts a risk, provided that person can understand the nature and extent of the risk 2. Acceptance can now be implied from words or conduct alone. A written waiver is no longer required.
You CAN still claim even if warning signs were present. A warning sign alone does not prove you accepted the risk. The court must assess whether the warning was enough, in all the circumstances, to enable you to avoid the injury 1.
If an occupier argues voluntary assumption of risk, contributory negligence does NOT apply. The result is complete defence: the occupier has no liability at all. The question of what you knew about a hazard, and when you knew it, is central to many post-2023 claims. For more on partial fault, see contributory negligence in Irish law.
What must you prove in a public liability claim?
To succeed in a public liability claim in Ireland, a claimant must prove four elements: that the occupier owed a duty of care, that the occupier breached that duty, that the breach caused the accident, and that the claimant suffered actual injury or loss as a result 1.
| Element | What you must show | Source |
|---|---|---|
| 1. Duty of care | The occupier owed you a duty. If you were lawfully on the premises as a visitor, Section 3 of the 1995 Act establishes this. | Occupiers' Liability Act 1995, s.3 1 |
| 2. Breach of duty | The occupier failed to take reasonable care, for example by not cleaning a spillage, not fixing a broken surface, or not warning about a known hazard. | Common law + s.3(1A) factors 2 |
| 3. Causation | The breach directly caused or materially contributed to your accident. | Common law "but for" test |
| 4. Damage | You suffered actual injury (physical, psychological, or financial) as a result. | Citizens Information 3 |
If any one element is missing, the claim fails. In Byrne v Ardenheath Company Limited [2017] IECA 293, the Court of Appeal overturned an award for a woman who slipped on a grassy verge while taking a shortcut from a shopping centre car park in wet conditions. The court held that she should have taken reasonable care for her own safety. Occupiers are not insurers of visitor safety.
One aspect the official guidance doesn't cover: proving breach typically depends on showing the occupier had notice of the hazard. Without evidence of how long the hazard existed before your accident, the breach element is difficult to establish even if the injury itself is well documented.
From handling public liability cases in Irish courts, the claims that succeed typically share three characteristics: the hazard existed for a provable period before the accident, the occupier had actual or constructive knowledge of it, and the claimant acted within the first 48 hours to preserve photographs, request CCTV footage, and record witness details. Claims that fail typically lack one of these three.
This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.
What accidents count as public liability claims?
Public liability claims in Ireland arise from accidents on premises controlled by another party where a danger on those premises caused injury. Common categories include:
Slips, trips and falls account for the largest share. Wet floors without warning signs in supermarkets, uneven footpaths maintained by local authorities, torn carpets in hotels, and poorly lit stairwells in shopping centres. See slip, trip and fall claims.
Falling objects such as stock falling from shelves, loose signage, or unsecured building materials. See falling object claims.
Inadequate maintenance covers potholes in car parks, broken handrails, defective playground equipment, and faulty gym equipment.
Hospitality premises defects include scalding from spilled drinks in restaurants, unsafe pool surrounds, and poor security or overcrowding in pubs and nightclubs.
Child injuries in schools, crèches, and public playgrounds. See child public liability claims.
According to the IRB's published research 7, people aged over 65 account for 31% of outdoor fall claims despite representing only 15% of the Irish population. Assault-related public liability claims also rose by 10% year on year in 2023 and 2024, concentrated in cafés, hotels, and restaurants.
Who can be held liable?
The occupier bears liability. Occupier status depends on control over the premises, not ownership. Common defendants in Irish public liability claims include businesses, local authorities, schools, crèches, landlords responsible for common areas, event organisers, and leisure facility operators.
Where more than one party has control, both may be occupiers. A shopping centre management company and an individual shop tenant can each be liable, with the duty divided by each party's degree of control over the specific danger. See who is liable for a public liability accident.
How is it different from other personal injury claims?
A public liability claim covers injuries to members of the public on premises. It is NOT the same as an employers' liability claim or a road traffic claim.
| Type | Who is injured | Legal basis | Insurance |
|---|---|---|---|
| Public liability | Members of the public (visitors, customers) | Occupiers' Liability Act 1995 (as amended 2023) | Public liability (not mandatory) |
| Employers' liability | Employees injured at work | Safety, Health and Welfare at Work Act 2005 | Employers' liability |
| Road traffic | Road users | Road Traffic Acts + negligence | Motor insurance (mandatory) |
Workplace injuries are NOT public liability claims. If you were injured at work, your claim is an employers' liability matter. See public liability vs employers' liability.
Five situations that are NOT public liability claims:
Workplace injury while employed = employers' liability, not public liability. Car accident on a public road = road traffic claim under the Road Traffic Acts. Injury from medical treatment = medical negligence, which follows a separate process and does NOT go through the IRB. Injury caused by another person's actions (an assault by a customer, for example) rather than by a danger due to the state of the premises = general negligence, not the Occupiers' Liability Act. Injury on your own property = you cannot claim against yourself as occupier.
How does the IRB process work for public liability claims?
All public liability claims in Ireland must first be submitted to the Injuries Resolution Board (IRB), formerly known as the Personal Injuries Assessment Board (PIAB) until 2022, before court proceedings can be issued 3. Medical negligence claims are the only exception. The requirement comes from the Personal Injuries Resolution Board Act 2022 [9].
According to the IRB Annual Report 2024 7, the median public liability award in 2024 was €13,660, and the overall average award for 2024 was €18,967 (awards vary case by case under the Personal Injuries Guidelines 6). The average assessment timeline was 11.2 months. Half of all assessments were accepted by both parties.
Since 2024, the IRB also offers a mediation service for public liability claims. Mediated claims resolve in approximately three months on average, significantly faster than the standard track. The initial claimant opt-in rate is 35%. Source: Law Society Gazette (July 2025) [10].
The IRB assessment is NOT final. You can reject it and proceed to court. However, the timing matters more than most guides suggest: if your injuries haven't stabilised, accepting an early assessment may leave out future treatment costs. A quick settlement can be tempting, but it may undervalue the long-term impact of the injury. See public liability claims through the IRB.
What is the time limit for a public liability claim?
You have two years from the date of knowledge to bring a public liability claim in Ireland 3. The "date of knowledge" is usually the date of the accident. If your injury did not become apparent until later, the clock starts when you first became aware (or should reasonably have become aware) of the injury.
You must also notify the occupier in writing within one month of the accident under Section 8 of the Civil Liability and Courts Act 2004 4. Send the notice by registered post. Failing to notify within one month does NOT automatically bar your claim, but it may affect your ability to recover costs if the case goes to court.
For children, the two-year limit does not begin to run until the child turns 18. A parent or guardian can bring a claim before that date. See time limits for public liability claims and claims on behalf of a minor.
What compensation can you claim?
Compensation in a public liability claim in Ireland falls under two headings: general damages for pain and suffering, and special damages for verifiable financial losses, both assessed under the Judicial Council Personal Injuries Guidelines 6, formerly known as the Book of Quantum until 2021. Special damages cover medical expenses, rehabilitation costs, lost earnings, travel costs, and care expenses. See public liability compensation, general damages, and special damages.
The role of public liability insurance
Public liability insurance is not legally mandatory for businesses in Ireland. Unlike motor insurance, there is no statutory requirement to hold a policy. In practice, most businesses, local authorities, schools, and event organisers carry cover because a single claim could cause serious financial harm.
You bring the claim against the occupier, not their insurance company directly. The insurer typically manages the defence and funds any settlement or court award up to the policy limit. Pursuing a legitimate claim is typically a process handled by a professional insurance operation, not a personal dispute with a small business owner.
Per the IRB Annual Report 2024 7, legal costs for IRB-resolved claims average approximately €597, compared with €24,786 for claims resolved through litigation. Between assessment and settlement, the sticking point is usually whether the insurer accepts the IRB's assessment or pushes for court.
What if the occupier has no insurance? Unlike motor claims, there is no equivalent of the MIBI (Motor Insurers' Bureau of Ireland) for uninsured premises. If the occupier carries no public liability policy, you must pursue the claim against the occupier personally. Recovery depends on the occupier's financial position. One detail that surprises clients: a successful court judgment does not guarantee payment if the defendant has no assets or insurance to satisfy it. This makes early legal advice on the defendant's insurance position particularly important.
What should you do after an accident in a public place?
Collect evidence early and notify the occupier in writing within one month.
1. Get medical attention. Your health comes first. A medical record from the date of the injury is important evidence.
2. Report the accident. Tell the premises manager or staff. Ask to record the incident in the accident report book. Keep a copy if offered.
3. Preserve evidence. Photograph the hazard, your injuries, and the surrounding area. Note the names and contact details of any witnesses. Ask whether CCTV cameras cover the area. CCTV footage is often overwritten within 7 to 30 days, so a prompt written request to preserve it is critical.
4. Notify the occupier in writing. Send a letter within one month setting out what happened, where, and when. Send by registered post 4.
5. Contact a solicitor. A solicitor experienced in Irish public liability claims can assess your case, guide you through the IRB process, and help gather evidence to prove liability. Speak to a Dublin public liability solicitor at Gary Matthews Solicitors. Call 01 903 6408.
For a detailed walkthrough, see how to make a public liability claim.
This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.
Do you have a public liability claim? Quick check
Answer these four questions. If all four are "yes," you may have a valid claim worth pursuing:
1. Were you lawfully on someone else's premises? A shop, footpath, hotel, restaurant, car park, school, playground, or other public or private space open to the public.
2. Was there a danger due to the state of the premises? A wet floor, broken surface, missing handrail, falling object, poor lighting, or other physical hazard. Injuries caused by another person's actions (rather than the premises) may not qualify under the Occupiers' Liability Act.
3. Were you injured as a result? Physical injury, psychological injury, or both. You need medical evidence linking the accident to your injuries.
4. Did the accident happen within the last two years? The general time limit is two years from the date of knowledge 3. Different rules apply for children.
If you answered "yes" to all four, contact us on 01 903 6408 or request a callback for a case assessment.
Frequently asked questions
What is the difference between public liability and employers' liability?
Public liability covers injuries to members of the public on premises. Employers' liability covers injuries to employees at work. The legal framework, insurance type, and standard of care differ. If you were at work when injured, your claim is likely employers' liability. See public liability vs employers' liability.
How long do I have to make a public liability claim in Ireland?
Two years from the date you became aware of your injury (the "date of knowledge"). You should also notify the occupier in writing within one month under Section 8 of the Civil Liability and Courts Act 2004 4. For children, the two-year limit starts when they turn 18 3.
Do I need a solicitor to make a public liability claim?
No. You can submit a claim to the IRB yourself. The 2023 amendments to the Occupiers' Liability Act have given occupiers stronger defences, particularly around voluntary assumption of risk. A solicitor experienced in Irish public liability law can assess your case, preserve evidence, and navigate the process. Legal fees for IRB-resolved claims average approximately €597, compared with €24,786 for litigated claims 7.
Is public liability insurance mandatory in Ireland?
No. Unlike motor insurance, public liability insurance is not a legal requirement for Irish businesses. Most carry it voluntarily because a successful claim could cause significant financial loss.
What if I was partly at fault for the accident?
If your own actions contributed to the injury, the court may apply contributory negligence under the Civil Liability Act 1961, reducing your compensation proportionally. Since July 2023, if the court finds you voluntarily accepted the risk (Section 5A), the occupier may have no liability at all 2. See contributory negligence.
How much compensation can I expect?
Compensation depends on the nature and severity of your injuries, your financial losses, and the impact on your daily life. In 2024, the median public liability award assessed by the IRB was €13,660, and the overall average award for 2024 was €18,967. Awards vary case by case and are assessed using the Judicial Council Personal Injuries Guidelines 6 7. See public liability compensation.
What happens if the IRB assessment is rejected?
The IRB assessment is NOT binding. If either party rejects it, the Board issues an authorisation allowing court proceedings. Your solicitor can advise on whether the Circuit Court or High Court is appropriate. See settlement vs court.
Can I claim if the accident happened in a council-maintained public area?
Yes. Local authorities are occupiers under Irish law when they maintain footpaths, parks, playgrounds, and other public spaces. Claims against local authorities for broken footpaths and uneven surfaces are among the most common public liability actions in Ireland. See local authority accident claims.
Can I claim for psychological injury after an accident in a public place?
Yes. Public liability compensation in Ireland covers both physical and psychological injuries. Anxiety, depression, post-traumatic stress, and sleep disturbance following a public place accident can all form part of your general damages claim. You will typically need a report from a psychiatrist or psychologist to support this element. See psychological injury claims.
What if the business where I was injured has since closed?
The claim is against the occupier at the time of the accident, not the current occupier of the premises. If the business had public liability insurance when the accident occurred, that policy typically still responds. The insurer's obligation does not end because the policyholder later closed. Your solicitor can trace the relevant insurer through the original business records or through Insurance Ireland.
Can I make a public liability claim if I'm a tourist visiting Ireland?
Yes. Irish public liability law protects all lawful visitors on premises, regardless of nationality or residence. If you were injured in Ireland due to a premises hazard, you have the same right to claim as an Irish resident. The two-year time limit still applies, so act promptly even if you have returned home. See tourist accident claims in Ireland.
Not sure if you have a public liability claim? Contact Gary Matthews Solicitors for a case assessment. We handle public liability claims across Ireland. Call 01 903 6408 or request a callback.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Related topics in this guide
Content last reviewed: April 2026 by Gary Matthews, Principal Solicitor. Next scheduled review: July 2026.
References
- Occupiers' Liability Act 1995 (Revised), Law Reform Commission. Accessed April 2026.
- Courts and Civil Law (Miscellaneous Provisions) Act 2023, Irish Statute Book. Commenced 31 July 2023.
- Injuries Resolution Board, Citizens Information. Updated November 2025.
- Civil Liability and Courts Act 2004, Section 8, Irish Statute Book.
- Injuries Resolution Board, official website.
- Personal Injuries Guidelines, Judicial Council of Ireland. Effective April 2021.
- Injuries Resolution Board Annual Report 2024. Published July 2025.
- Duty-of-care law change comes into effect, Law Society Gazette. July 2023.
- Personal Injuries Resolution Board Act 2022, Irish Statute Book.
- Claims figures stabilising after COVID, Law Society Gazette. July 2025.
This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
