Accident in a Public Place*

Jogging Accident Claims*

Jogging accidents* typically occur as a slip or fall accident* in a public place. These accidents can happen for various reasons and many different injuries can be sustained as a result.

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Who is Liable?

The main cause of jogging accidents* is tripping over obstacles and potholes. In many cases, it is the occupier of the land who is responsible for maintaining their property and as a result they may be found liable for any injuries which are sustained. It is important to note that claims made following an accident* are made through the Personal Injuries Assessment Board (PIAB).

When making a personal injury claim* it is important to determine who is liable for the cause of the accident. This is an important first step in the claims process which will also help to avoid delays. Following an accident in a public place , it can be difficult to determine who is liable for the cause of the accident. This will depend on where you were jogging at the time of the accident.

Public Property

If the accident occurred on public property it is likely that the local Council will be found liable as they are generally responsible for the maintenance and upkeep of public places. They have a duty of care to ensure that they provide a safe and hazard free environment for all visitors. A breach of their duty of care can lead to injuries being sustained. They have a responsibility to carry out frequent assessments of the area in order to identify and eliminate potential hazards. They also need to ensure that they make people aware of any risk that could lead to the occurrence of an accident. If it is found that an accident occurred as a result of negligence on their behalf, then they are likely to be found liable for the cause of any accidents or injuries sustained.

Private Land

Owners and occupiers of private land have a responsibility to ensure the health and safety of all visitors. This is stated in the Occupiers Liability Act 1995. The Act states that an occupier of a premises owes a reasonable level of duty of care to any visitors on their land. It is their responsibility to ensure that their property is maintained to a good standard so as to ensure the safety of both themselves and visitors. They are also expected to frequently assess the property to eliminate any potential hazards which could lead to an accident occurring. If it is found that an accident was caused as a result of their negligence or a breach of duty of care then they will be found liable.

Contributory Negligence

It is important to note that if the injured party has contributed to the cause of their accident, through contributory negligence, then they may not be entitled to make a claim for the injuries they have sustained. If it can be shown that they took reasonable steps to ensure their own safety then this may be reconsidered.

Common Injuries

Injuries sustained in jogging accident claims include:

Causes

Uneven Road Surfaces

This is a common cause of trip and fall accidents as an uneven road surface can make the chances of an accident occurring higher. This can lead to various injuries being sustained as a result. This is typically due to negligence in failing to maintain the area.

Potholes

It is important that potholes on the road or surface of a footpath are maintained and filled in so as to avoid the risk of both a road traffic accident and pedestrian accident. It would be very common that you could trip in a pothole and sustain various injuries. If you become aware of a pothole which could potentially lead to the cause of an accident it is important that you report this to your local council.

Failing to Carry Out a Risk Assessment

It is a requirement that all property owners or occupiers carry out frequent risk assessments in order to identify and eliminate hazards. This will also make them aware of the procedures which need to be in place in order to reduce the number of injuries that are sustained. The details of any assessments carried out should be kept on record for future reference also. This allows them to determine the severity of hazards and the potential accidents that could be caused as a result.

Lack of Adequate Footpaths

All public areas should have adequate footpaths to ensure the safety of pedestrians at all times. It is important that they are maintained and any hazards are dealt with in a timely manner. These paths should be adequate to allow people to travel in both directions. If there are no footpaths in place, joggers should travel against the flow of traffic so as to reduce the risk of sustaining an injury. This gives you more time to react to risky situations.


What do I do if I'm involved in a jogging accident*?

Following a jogging accident, there are a number of steps your should follow:

  1. Seek medical attention

    Your health is your wealth and should be your first priority. Immediately after an accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident needs medical attention. If anybody has sustained a serious injury, ensure that you contact an ambulance to attend the scene.

    You must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case, it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.

  2. Report the accident

    It is important that you report the accident to the appropriate county council. You may be required to assist to fill in an accident form. This is to provide them details of how the accident occurred and details of the injury. You should also request that they preserve any CCTV footage.

  3. Identify any witnesses

    Collect contact details of any witnessess to the accident – their names and contact information.

  4. Document the incident

    It is important that you collect all the relevant information in connection with your accident:

    • How the accident happened, time and date of the accident.
    • Details of any witnesses to the accident (Including staff and other customers); their names, contact information.
    • If there are any CCTV recordings of the accident.
    • Take pictures from different angles of where the accident happened and what caused you to slip, trip or fall.
    • Take pictures of any injuries you suffered, this will help your solicitor to understand how the accident happened.
  5. Speak to a personal injury solicitor*

    If you are considering moving forward with a claim* for any personal injuries sustained, it is advisable that you speak with a public place accident claims solicitor* as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A solicitor* can help you prepare your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.

    It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.

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How do I make a claim?

Once you have gathered most of the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident* solicitor to help you with this.

  1. Prepare information for a solicitor

    When you decide you want to move forward with your claim* it is important to have as much as possible of the relevant information to hand when contacting a solicitor. Some of the important information to have on hand at this point is:

    • Date of the accident
    • Location of the accident
    • Details of who/what caused the accident
    • Specifics of what happened
    • Who did you report the accident to?
    • Is there CCTV that may have captured the accident
    • Details of your injuries
    • Details of hospital or GP attended
    • Any pictures you may have taken of the scene of the accident and/or your injuries
  2. Solicitor becomes your trusted advisor

    As a solicitor is aware of the claims process they can avoid any legal bumps in the road you might encounter if you looked after this matter yourself. It is their job to be your trusted advisor on all legal matters throughout your case.

  3. Solicitor obtains a medical report

    One of the most important document in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so he can obtain a report on your injuries. This report will then be used to allow us progress your case.

  4. Solicitor prepares the Injuries Board application

    As soon as your solicitor has gathered all the information, your accident claim* will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.

    At this point one of two scenarios will unfold:

    a. If both you and the other party accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.

    b. If either you or the other party reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.

  5. Possible case outcomes

    Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.

    Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point prior to a court hearing date without you ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and this allows you to focus on your recovery, as they focus on settling your case.

At Tracey’s we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

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Case Settlement

If you are to proceed with a jogging accident claim* you may be entitled to recoup costs to you as a result of the accident. This is along with added expenses you may have incurred, these claims are called damages:

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident*.

Special Damages

Special damages are out of pocket expenses incurred as a result of an accident* while jogging, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases* is that the person has two years from the date of the accident or date of knowledge of the accident* to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Learn more about Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

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