When a child is injured due to someone else’s negligence, their parent or guardian has the right to pursue a legal claim on their behalf.
Irish law makes specific provision for this, recognising that children cannot take legal action for themselves and that the effects of an injury sustained in childhood can be far-reaching and long-lasting.
The basics
What a child accident and injury claim means in Ireland
A child accident and injury claim is a legal claim brought on behalf of a minor who has been injured as a result of another party’s failure to take reasonable care. The claim seeks to establish that someone owed the child a duty of care, that they breached it, and that the breach directly caused the child’s injuries.
This page covers non-medical accident and injury claims only, meaning claims that arise from accidents in schools, playgrounds, public places, on roads, and in similar circumstances. Claims involving alleged failures in medical treatment or diagnosis fall under medical negligence, which is handled separately.
Who can act
Who can bring a child injury claim on behalf of a child?
A child under the age of 18 does not have the legal capacity to initiate or conduct court proceedings in their own name. However, a next friend can act on their behalf throughout the claims process, including in any court proceedings.
The next friend takes on a formal role and is responsible for making decisions about the claim in the child’s best interests. The court retains oversight and will not approve a settlement unless it is satisfied that the outcome properly protects the child. The following people can typically act as a next friend:
A parent: The child’s mother or father is the most common choice and will generally be accepted by the court without difficulty.
A legal guardian: Someone who has been formally appointed as the child’s guardian under Irish law may act as next friend.
Another adult with a close connection to the child: In circumstances where a parent is unavailable or unsuitable, another appropriate adult may be considered, subject to court approval.
A solicitor: In certain situations, a solicitor may act as next friend, though this is less common and arises in specific circumstances.
The next friend does not benefit personally from the claim. Their role is solely to pursue the claim in the child’s interests and to ensure the child is properly represented throughout.
Common types
Common types of child accident and injury claims
Children are injured in a wide range of circumstances, many of which give rise to a valid legal claim. The types of accidents that most commonly feature in child injury claims in Ireland are varied, and the strength of each claim depends on the specific facts, including who was responsible for the child’s safety at the time and whether that responsibility was properly discharged. The most common categories include:
School accidents and injuries during the school day
Schools owe their pupils a duty of supervision and reasonable care while they are on school premises or engaged in school activities. Injuries caused by unsafe facilities, inadequate supervision, defective equipment, or poorly managed activities may give rise to a claim against the school or the relevant education authority. This includes accidents in classrooms, PE halls, corridors, playgrounds, and on school trips.
Childcare providers are responsible for the safety of the children in their care. Where an injury occurs because of insufficient supervision, unsafe premises, or a failure to follow proper care standards, a claim may be brought against the childcare facility or its operators.
Local authorities and private operators are responsible for maintaining public playgrounds and parks to a safe standard. Injuries caused by broken or poorly maintained equipment, unsafe surfaces, or inadequate safety measures may support a public liability claim.
Road traffic accidents involving child passengers, pedestrians and cyclists
Children injured in road traffic accidents, whether as passengers in a vehicle, as pedestrians struck by a car, or as cyclists involved in a collision, have the same right to pursue a claim as adults. The claim is brought through their next friend and may be directed at a negligent driver, another party responsible for the accident, or the Motor Insurers’ Bureau of Ireland in cases involving uninsured vehicles.
Accidents in public places such as shops, footpaths and leisure facilities
Occupiers of public premises owe a duty of care to visitors, including children. Slips on wet floors, trips over damaged footpaths, falls on unsafe surfaces, or injuries caused by poorly maintained facilities in shopping centres, sports venues or public spaces may all give rise to a claim under occupiers’ liability legislation.
Dog bites are distressing for any child, and can cause lasting physical and psychological harm. Under the Animal Health and Welfare Act 2013 and related legislation, the owner of a dog that attacks a child may be held liable. The severity of the injury, the location of the incident, and the prior history of the animal are all relevant to the claim.
Injuries caused by defective toys, products or equipment
Where a child is injured by a product that is unsafe, poorly designed, or inadequately labelled, a claim may be pursued against the manufacturer, importer, or retailer under product liability law. This applies to toys, sports equipment, and any other consumer product that fails to meet the safety standards required under Irish and EU law.
Children taking part in organised sports, activities, or events are owed a duty of care by the organisers, coaches, and supervising adults involved. Where an injury results from inadequate safety measures, poor instruction, unsafe conditions, or a failure to follow the standards applicable to the activity, a claim may arise. This covers club sports, school activities, and commercially organised events alike.
What parents or guardians should do after a child has been injured
The steps taken immediately after a child’s injury can have a significant bearing on the strength of any subsequent claim. Evidence can disappear quickly, witnesses may become difficult to trace, and records are easier to gather at the time than weeks or months later. Taking the right steps from the outset protects the child’s position and supports the claims process. The following actions are advised:
1
Seek medical attention and keep all treatment records
The child’s injuries should be assessed and treated without delay. Every consultation, diagnosis, prescription, and follow-up appointment should be documented. Medical records form a central part of any child injury claim and establish both the nature and extent of the injuries sustained.
2
Report the accident to the responsible party
A formal report should be made to whoever is responsible for the location or activity where the accident occurred, whether the school, business, local authority or other party. This creates an official record and prevents the responsible party from later denying that the accident took place. Request a copy of the accident report in writing.
3
Take photographs and preserve physical evidence
Where possible, photograph the scene, the hazard that caused the accident, and the child’s injuries. If any physical item contributed to the accident, such as a broken piece of equipment or a defective product, it should be preserved and not disposed of.
4
Get witness details and ask that CCTV be retained
The names and contact details of anyone who saw the accident should be noted as soon as possible. If CCTV cameras were present at the scene, a written request should be made promptly for the footage to be retained, as it is often overwritten within days.
5
Keep receipts, school absence records and written correspondence
Any expenses arising from the injury, including medical bills, travel costs, and costs of care, should be documented. School absence records provide evidence of the impact on the child’s education, and any written communications with the responsible party should be retained.
6
Take legal advice before evidence is lost
Contacting a solicitor early allows for proper preservation of evidence and ensures the claim is advanced on the best possible footing. Waiting too long risks losing information that may be difficult or impossible to recover later.
Establishing liability
How liability is assessed in a child accident case
Liability in a child accident claim is determined by examining three connected questions: did the responsible party owe the child a duty of care; did they breach that duty; and did that breach directly cause the injury the child suffered?
The standard expected of anyone who owes a duty of care to a child is generally a high one. Courts in Ireland recognise that children are more vulnerable than adults, less able to anticipate and avoid hazards, and that those responsible for their care or their environment must take appropriate steps to reduce the risks they face.
Where liability is established, the full extent of the child’s injuries is considered in determining the appropriate level of damages. This includes the immediate physical injuries, any need for ongoing treatment or therapy, the impact on the child’s education and development, and any psychological effects arising from the accident. Scarring, lasting physical impairment, and disruption to normal childhood activities are all relevant factors. Where symptoms are likely to continue or worsen as the child grows, medical evidence addressing the long-term prognosis will be central to the assessment.
The process
How the claims process works for non-medical child injury claims in Ireland
Child injury claims in Ireland follow a structured process that differs in some respects from adult claims, primarily because of the additional protections the law affords to children. Understanding the stages involved allows parents and guardians to approach the process with a clear picture of what lies ahead. The process generally unfolds as follows:
1
Initial consultation with a solicitor
The parent or guardian meets with a solicitor to discuss the circumstances of the accident, the nature of the child’s injuries, and the available evidence. The solicitor assesses whether a valid claim exists and advises on the appropriate steps to take.
2
Gathering of medical and other evidence
The solicitor works to assemble the relevant medical records, expert reports, accident reports, photographs, witness statements, and any other documentation needed to support the claim.
3
Application to the Injuries Resolution Board
Most personal injury claims in Ireland must first be submitted to the Injuries Resolution Board before proceedings can be issued. The Board assesses the value of the claim based on the medical evidence submitted. Either party may accept or reject the assessment.
4
Issuing of proceedings where necessary
If the Injuries Resolution Board assessment is rejected, or if the Board considers the case unsuitable for assessment, an authorisation is issued allowing court proceedings to be initiated. The solicitor then brings the claim before the appropriate court on behalf of the child through their next friend.
5
Negotiation and settlement discussions
Many child injury claims are resolved through negotiation before a full hearing. However, unlike adult claims, any settlement reached on behalf of a child must be approved by the court, regardless of the amount involved. This is a mandatory safeguard.
6
Court approval of the settlement
The court reviews the proposed settlement to satisfy itself that it is in the child’s best interests. If approved, the terms of the settlement are finalised and arrangements are made for the funds.
Protecting the funds
What happens when a child settlement is approved by the court
When a court approves a settlement or makes an award in favour of a child, it does not simply release the funds to the parent or guardian. The court’s role is to protect the child’s financial interests and to ensure the money is available to them when they reach adulthood.
Approved funds are typically lodged with the Courts Service and managed under court supervision until the child turns 18, at which point the funds are released to them directly. The money is held in interest-bearing accounts to preserve and, where possible, grow its value over time.
Earlier access to the funds may be permitted in certain circumstances, but this requires a formal application to the court. The most common situation where early access is considered is where the funds are needed to meet the child’s ongoing care, medical, or educational needs arising directly from the injuries sustained. The court will examine the application carefully and will only approve early access where it is clearly in the child’s best interests.
Time limits
Time limits for child accident and injury claims in Ireland
The time limits that apply to personal injury claims in Ireland are set out in the Statute of Limitations. For child injury claims, the position is more favourable than for adult claims and reflects the fact that a child cannot take action personally.
The limitation period does not begin to run against a child until they reach the age of 18. This means a child who is injured at any age before 18 has until their 20th birthday to bring a claim in their own right, that is two years from the date they reach adulthood.
Act early
The next friend may also bring a claim on the child’s behalf at any time before the child turns 18, and in practice it is strongly advisable to act well within this period. Evidence becomes harder to gather as time passes, witnesses’ recollections fade, CCTV footage is lost, and accident reports may no longer be available. Taking early legal advice remains the most prudent course of action.
Understand the full process
Read our step-by-step guides to making a claim, or get a sense of what a claim could be worth.
Frequently asked questions about child accident and injury claims
Can I start a claim on behalf of my child straight away?
Yes. A parent or guardian acting as next friend can initiate a claim on behalf of a child at any point before the child turns 18. There is no requirement to wait. Acting promptly is advisable, as evidence is easier to gather close to the time of the accident.
What if the accident happened at school or in a playground?
Schools and playground operators owe a duty of care to children on their premises. If the accident resulted from inadequate supervision, unsafe equipment, or poorly maintained facilities, there may be a valid claim. The specific circumstances will determine who bears responsibility and to what degree.
Does every child accident lead to a legal claim?
No. A valid claim requires that another party owed the child a duty of care, that they breached it, and that the breach caused the child’s injuries. Accidents that result from unforeseeable hazards or from the child’s own actions without fault on another party’s part may not support a claim. A solicitor can advise on the strength of the specific circumstances.
What if my child seemed fine at first but symptoms appeared later?
This is not uncommon. The limitation period for a child runs until their 20th birthday, so there is generally time to act even where symptoms develop gradually. However, seeking medical assessment and legal advice promptly is still recommended, as contemporaneous evidence is always stronger than evidence gathered long after the event.
Will the case have to go to court?
Many claims are resolved through the Injuries Resolution Board assessment process or through negotiated settlement before a court hearing takes place. However, in child cases, any settlement must be approved by the court, even where it is agreed between the parties. This does not mean the case will be contested at a full hearing, but it does require a court appearance to have the settlement formally sanctioned.
How does court approval work in a child case?
The court examines the proposed settlement to assess whether it properly reflects the nature and extent of the child’s injuries and is genuinely in the child’s best interests. The solicitor presents the relevant medical evidence and the basis for the settlement figure. The court will approve the settlement if satisfied it is appropriate, or may seek further information before doing so.
What happens to any settlement approved for a child?
Approved funds are lodged with the Courts Service and held under court supervision until the child reaches 18. The money is managed in interest-bearing accounts. Early access may be applied for where the funds are needed for the child’s care, treatment, or educational needs, but this requires a court application and approval.
How long do I have to take action?
A next friend can bring a claim on a child’s behalf at any time up to the child’s 18th birthday. The child themselves has until their 20th birthday to bring a claim in their own right. Despite this extended timeframe, acting early is strongly advisable to preserve evidence and ensure the strongest possible position.
Speak to Tiernan Solicitors about a child accident or injury matter
If your child has been injured in an accident and you would like to understand your legal position, Tiernan & Co. Solicitors can advise you on whether a claim is warranted and what the process involves.
