Public liability claims are personal injury claims made when a person is injured in a public place, a shop, a footpath, a car park, a leisure centre, or any space that an individual or body is responsible for keeping safe, because that party failed in its duty of care. Accidents like these happen every day in Ireland, and many of them were preventable.
Tiernan Solicitors acts for people across Dublin and throughout Ireland who have been injured in a public place through no fault of their own. This page explains, in plain English, what public liability means in Irish law, who can be held responsible, how a claim works, the time limits that apply, and what to do if you were partly at fault.
Written and reviewed by Mark Tiernan, Principal Solicitor at Tiernan & Co. Solicitors, Dublin, regulated by the Law Society of Ireland.
Tiernan & Co. Solicitors are members of the Law Society of Ireland and the Dublin Solicitors Bar Association. Last reviewed June 2026.
The basics
When an accident in a public place may give rise to a claim
Not every accident in a public place will support a personal injury claim. For a claim to arise, you generally need to show that someone owed you a duty of care, that they breached that duty by failing to maintain or manage the premises properly, and that this breach directly caused your injury.
Under the Occupiers’ Liability Act 1995, occupiers of premises must take reasonable care to ensure that visitors are not injured by dangers on the property. If an occupier knew about a hazard, or should have known about it, and did nothing to fix it or warn people, that failure can form the basis of a claim. The important point is that the accident must have been reasonably foreseeable and preventable, not simply an unfortunate event that nobody could have avoided.
In Irish law
What public liability means in Irish law
Public liability is the legal responsibility that occupiers, business owners, local authorities, and other parties have towards members of the public who enter their premises or use their facilities. Where a person is injured because the occupier or responsible party failed to take reasonable steps to keep the area safe, that party may be held liable.
Public liability covers a wide range of situations, from a wet floor in a supermarket to a broken railing in a public building. It applies to both commercial premises and publicly maintained areas such as footpaths, parks, and council-owned facilities.
The governing law
The Occupiers’ Liability Act 1995 and the duty owed to you
The starting point for most public liability claims in Ireland is the Occupiers’ Liability Act 1995. It sets out the duty of care that an occupier of a premises owes to the people who come onto it. “Premises” is defined broadly and includes land, buildings, and even vehicles and vessels, and an “occupier” is whoever controls the state of the premises, which may be an owner, a tenant, or a management company.
The Act divides people who enter a premises into three categories, and the duty owed to you depends on which one applied at the moment of the accident:
Visitors are owed the highest duty, the “common duty of care” under section 3: the occupier must take such care as is reasonable in all the circumstances to ensure a visitor is not injured by a danger on the premises. A customer in a shop or a guest in a hotel is a visitor.
Recreational users and trespassers are owed a lower duty under section 4: not to injure them intentionally and not to act with reckless disregard for their safety. Ordinary negligence is not enough to meet this higher threshold.
The Act was significantly amended by the Courts and Civil Law (Miscellaneous Provisions) Act 2023, with effect from 31 July 2023. The amendments set out a five-factor test for the duty owed to visitors, weighing matters such as the probability of a danger and of injury, the seriousness of the likely injury, the cost of guarding against it, and the social value of the activity. They also introduced a clearer voluntary assumption of risk provision, section 5A, under which an occupier owes no duty in respect of a risk that a visitor or recreational user willingly accepted and was able to understand, with no written waiver required.
Two practical points follow. First, a warning such as a wet-floor sign only assists the occupier if it was genuinely enough to let you avoid the danger. Second, where the occupier engaged a competent independent contractor to do the work that caused the danger, section 7 may shift responsibility, though the occupier must show it took reasonable care in choosing and supervising that contractor. Which party owed you a duty, and whether it was met, is rarely obvious, and it is exactly the kind of question a solicitor assesses at the outset.
Liability
Who may be responsible for a public-place accident?
Identifying the responsible party is one of the first and most important steps in any public liability claim. Depending on where and how the accident happened, responsibility may rest with one or more of the following:
Business owners, occupiers, and property managers: Any person or company that controls a premises owes a duty of care to visitors. This includes shop owners, hotel operators, office managers, and anyone who invites or permits the public onto their property.
Local authorities and public bodies: County councils, city councils, and State bodies are responsible for maintaining public roads, footpaths, parks, and other community areas. Where a defect or hazard on publicly maintained land causes an injury, the relevant authority may be liable.
Landlords, management companies, and event operators: Landlords and management companies who control shared or common areas in residential or commercial developments owe a duty of care to those who use those spaces. Event organisers must ensure that venues and temporary structures are safe for attendees.
Cleaning, maintenance, or security contractors: Where a third party has been engaged to clean, maintain, or supervise a premises, that contractor may bear responsibility if their work was carried out negligently.
Why more than one party may sometimes be involved: In many cases, more than one party shares control of the area where the accident occurred. For example, a shopping centre may have an owner, a management company, and individual tenants who each bear a portion of responsibility. Your solicitor can investigate who was at fault and ensure the claim is directed at the right parties.
If you were partly at fault
What happens if you were partly responsible?
You can still bring a public liability claim even if you were partly to blame for your own accident. Irish law deals with this through the principle of contributory negligence, set out in the Civil Liability Act 1961. If a court, or the Injuries Resolution Board, finds that you contributed to your injury, for example by not looking where you were going, by ignoring a clear warning, or by wearing unsuitable footwear, your compensation can be reduced to reflect your share of the responsibility, rather than refused altogether.
So being partly at fault is not, on its own, a reason to assume you have no claim. The occupier may still have failed in its own duty of care, and the real question becomes how responsibility is divided between the parties. A solicitor can assess the evidence, advise you honestly on how contributory negligence might affect your claim, and put your case in its strongest position.
Why they happen
Common causes of public-place and public-liability accidents
Public-place accidents arise from a wide variety of hazards. Some of the most frequently seen causes include:
Spillages, poor surfaces, or inadequate cleaning: Wet floors, greasy surfaces, or areas that have not been cleaned or dried properly are among the most common causes of slip and fall injuries in shops, restaurants, and public buildings.
Broken steps, loose tiles, damaged flooring, and uneven walkways: Structural defects in floors, stairs, and walkways create serious trip hazards, particularly in older buildings or premises that have not been properly maintained.
Poor lighting, unsafe access routes, and inadequate signage: When stairwells, corridors, car parks, or entrances are poorly lit or lack proper warning signs, the risk of an accident increases significantly.
Poor supervision, overcrowding, or badly managed public areas: Venues and events that are not properly staffed or managed can lead to crush injuries, falls, and other incidents, especially in bars, nightclubs, and large public gatherings.
Hazards linked to animals, play equipment, car parks, or leisure facilities: Dog bites, defective playground equipment, potholes in car parks, and poorly maintained gym or leisure centre equipment all give rise to public liability claims.
After an accident
What to do after an accident in a public place
The steps you take immediately after an accident can have a significant impact on the strength of your claim. Where possible, try to do the following:
1
Get medical attention and make sure the injury is recorded
Your health comes first. Attend a GP, hospital, or emergency department as soon as possible, and make sure the injury is formally documented in your medical records.
2
Report the accident to the occupier, manager, or relevant authority
Ask to have the accident recorded in the premises’ accident report book or incident log. If the accident happened on a public road or footpath, report it to the relevant local authority.
3
Photograph the hazard before conditions change
Take clear photographs of the scene, the hazard, and your injuries as soon as you can. Conditions may be repaired or cleaned up quickly, so visual evidence taken at the time is extremely valuable.
4
Get witness details and ask whether CCTV covers the incident
If anyone saw what happened, take their name and contact details. Ask the occupier or manager whether CCTV footage exists and request that it be preserved.
5
Keep receipts, medical records, and documents showing financial loss
Hold on to all receipts for medical treatment, medication, travel expenses, and any other costs arising from the accident. If you have lost income, keep records of your earnings and time off work.
Evidence
Evidence that can strengthen a public liability claim
Strong evidence is central to any successful public liability claim. The following types of evidence can make a real difference:
Photographs, video footage, and CCTV: Visual evidence of the hazard, the location, and your injuries is often the most persuasive material in a claim.
Accident report forms and incident logs: A formal record made at the time of the accident confirms that it was reported and provides detail about the circumstances.
Cleaning logs, inspection logs, and maintenance records: These documents can show whether the occupier had a proper system for checking and maintaining the premises, or whether they failed to carry out routine inspections.
Witness accounts and proof of who controlled the premises: Statements from people who saw the accident, or who can confirm the condition of the area, strengthen your case. Evidence showing who owned, occupied, or managed the premises helps establish liability.
Medical records and evidence of lost income or other expenses: Detailed medical records linking your injuries to the accident, along with proof of any financial losses, form the basis of your claim for compensation. You can use our compensation claims estimator to get an idea of what your claim may be worth.
The process
How public place and public liability claims work in Ireland
The process for making a public liability claim in Ireland follows a structured legal pathway. In most cases, the steps involved are:
1
Taking legal advice
A solicitor experienced in personal injury law will assess the circumstances of your accident and advise you on whether you have a viable claim.
2
Gathering evidence
Your solicitor will help you collect medical reports, witness statements, photographs, and any other documentation needed to support your case.
3
Submitting your claim to the Injuries Resolution Board
Most personal injury claims in Ireland must first be submitted to the Injuries Resolution Board (formerly known as PIAB). The Board will assess the claim and may make an award. If either party rejects the assessment, the case can proceed to court.
If a settlement cannot be reached, the case may be heard before a judge who will decide on liability and the amount of compensation.
Time limits
Time limits for public liability claims in Ireland
In Ireland, the Statute of Limitations generally requires that personal injury claims be brought within two years from the date of the accident, or from the date you first became aware of the injury. There are some exceptions, particularly where the injured person is a minor or where the injury was not immediately apparent.
Act early
Because missing the deadline can mean losing your right to claim entirely, it is important to get legal advice as early as possible. For a fuller explanation, see our page on how long you have to make a personal injury claim.
Choose your claim
The types of public liability claims we often see
Public liability claims arise in many different settings. Below are some of the most common types of claims we handle.
Supermarket & retail store accident claims
Supermarkets and retail stores see high volumes of foot traffic every day, which means spills, fallen stock, and wet floors are a constant risk. If a store fails to clean up a hazard promptly, does not use warning signs, or allows stock to obstruct aisles, a customer who is injured may have grounds for a claim. These cases often turn on whether the store had a reasonable cleaning and inspection system in place at the time.
Cracked pavements, uneven footpaths, and potholes cause a large number of injuries each year. Local authorities are responsible for maintaining public roads and paths in a safe condition. Where a council knew, or should have known, about a defect and failed to repair it within a reasonable time, the injured person may be entitled to compensation. Photographs and a record of the exact location are particularly helpful in these claims.
Spilled drinks, overcrowding, broken furniture, and poorly maintained floors are common hazards in bars, restaurants, and nightclubs. Owners and operators of licensed premises owe a duty of care to their customers, and a failure to manage risks, especially during busy periods, can give rise to a valid claim.
Guests at hotels, B&Bs, and guesthouses are entitled to expect a safe environment during their stay. Slip hazards in bathrooms, defective bedroom furniture, poorly maintained stairways, and hazards in dining or leisure areas are all potential sources of claims. Operators must carry out regular checks and respond promptly to reported problems.
Children are particularly vulnerable to injury from defective play equipment, poorly maintained surfaces, and inadequate fencing or supervision in parks and playgrounds. Local authorities and management bodies responsible for these areas must ensure that equipment meets safety standards and that the grounds are properly maintained.
Schools and crèches have a heightened duty of care towards children in their charge. Injuries caused by unsafe playground equipment, slippery floors, inadequate supervision, or structural hazards within school buildings may give rise to a claim against the school, the board of management, or the relevant authority.
Gyms, sports centres, and leisure facilities must maintain their equipment, changing rooms, and playing surfaces to a safe standard. Injuries caused by faulty equipment, wet changing room floors, or inadequate supervision during activities can result in a public liability claim against the operator.
If you are bitten or attacked by a dog or another animal in a public place, the owner or person in control of the animal may be held liable for your injuries. Ireland’s Control of Dogs Act places specific obligations on dog owners. Claims can arise from attacks in parks, on footpaths, in housing estates, and in other public areas.
Shopping centres and car parks present a range of hazards, from wet floors and escalator malfunctions to potholes, poor lighting, and inadequate pedestrian safety measures in car parks. The management company or operator of the premises is typically responsible for keeping these areas safe.
Common injuries
Injuries commonly seen in public-place accident cases
The injuries sustained in public-place accidents range from minor to life-changing. Some of the most common include:
Fractures, sprains, and soft tissue injuries: Broken bones, ligament damage, and muscle injuries are frequently seen in slip, trip, and fall cases. Recovery times vary significantly depending on the severity.
Head and facial injuries: Falls can result in concussions, facial lacerations, dental injuries, and more serious traumatic brain injuries.
Back, neck, and shoulder injuries: These injuries are extremely common following falls and can cause lasting pain and restricted movement.
Scarring, bites, and more serious long-term injuries: Animal bites, burns, and deep cuts can leave permanent scarring, while some accidents result in injuries that require ongoing treatment or rehabilitation.
Psychological effects after a traumatic incident in a public place: Many people experience anxiety, depression, or post-traumatic stress following a serious accident. Psychological injuries are recognised in Irish law and can form part of your claim.
Understand the full process
Read our step-by-step guides to making a claim, or get a sense of what your claim could be worth.
Frequently asked questions about public liability claims
Is there a difference between a public liability claim and an occupiers’ liability claim?
The terms are closely related but not identical. Occupiers’ liability refers specifically to the duties owed by an occupier of premises under the Occupiers’ Liability Act 1995. Public liability is a broader term that covers the legal responsibility any party has towards members of the public. In practice, most public-place accident claims involve occupiers’ liability principles, but the claim may also involve other areas of negligence law depending on the circumstances.
What if I do not know who was responsible for the area?
It is not unusual for an injured person to be unsure about who owned or managed the place where the accident happened. Your solicitor can carry out investigations, including property and land registry searches, to identify the responsible parties. You do not need to have this information before seeking legal advice.
Can a claim arise against a local authority or public body?
Yes. Local authorities and other public bodies are subject to the same duty of care as private occupiers. If a council fails to maintain a footpath, road, or public amenity to a safe standard, it can be held liable for injuries caused by that failure.
Is there any difference between private occupiers and public bodies?
The core duty of care is similar, but claims against public bodies can involve additional legal considerations, including specific statutory obligations, notice requirements, and different insurance arrangements. Your solicitor will advise you on any procedural differences that apply.
How are claims arising from accidents in shared spaces such as shopping centres, mixed-use developments, and managed premises resolved?
In shared spaces, responsibility for maintenance and safety is often divided among several parties. Claims may be brought against the management company, individual unit operators, or both, depending on who had control over the area where the accident occurred. Lease agreements and management contracts are usually examined to determine liability.
Who is held responsible where contractors or multiple occupiers are involved?
Where a contractor was engaged to carry out cleaning, maintenance, or security work, that contractor may share liability if their negligence contributed to the accident. Equally, where several occupiers share a premises, liability may be divided among them. Your solicitor will investigate the facts and identify all potentially liable parties.
What records should I keep after an accident in a public place?
Keep everything. This includes medical records, receipts for treatment and expenses, photographs of the hazard and your injuries, the names and contact details of witnesses, and any correspondence with the occupier or their insurer. The more documentation you have, the stronger your position.
What if the hazard was repaired soon after the accident?
The fact that a hazard was repaired quickly does not prevent you from making a claim. In fact, a prompt repair can sometimes support your case, as it may suggest that the occupier recognised the danger. What matters is whether the hazard existed at the time of your accident and whether the occupier should have dealt with it sooner. Photographs taken before the repair are especially valuable in these situations.
Is public liability insurance mandatory in Ireland?
No. Unlike motor insurance, public liability insurance is not generally required by law for a business or property owner in Ireland. Many responsible occupiers carry it, but the absence of a policy does not prevent you from making a claim. If liability is established, how any compensation is met is dealt with separately, and your solicitor can advise on this.
How long do I have to make a public liability claim?
In general, you have two years from the date of the accident, or from the date you first became aware of your injury, to bring a public liability claim. Different rules apply where the injured person is a child, whose two years generally begin on their eighteenth birthday. Because the deadline is strict, it is best to seek advice as early as possible.
What if I was partly responsible for my own accident?
You can still claim. Irish law applies the principle of contributory negligence under the Civil Liability Act 1961, which means that if you were partly at fault your compensation may be reduced to reflect your share of responsibility, rather than refused. A solicitor can assess how this might affect your particular case.
Personal Injuries Guidelines (2021), Judicial Council. judicialcouncil.ie
Find a Solicitor register, Law Society of Ireland. lawsociety.ie
Speak with Tiernan Solicitors about an accident in a public place
If you have been injured in a public place and believe someone else was at fault, Tiernan Solicitors can help. We have extensive experience handling public liability claims across a wide range of settings, and we will assess your case, explain your options in plain language, and guide you through each stage of the claims process.
