PUBLIC LIABILITY CLAIMS *

PUBLIC LIABILITY CLAIMS *

Public Liability Claims *

Public liability claims * are a common personal injury claim * type in Ireland. Just like most other injury claims, public liability claims * must first be submitted to the Injuries Board for assessment. According to the Injuries Board Annual Report there were 33,114 applications in 2017, 8,857 of those applications were public liability claims *. This means that 27% of all claims submitted to the Injuries Board in 2017 were Public Liability Claims *.

What is a public liability claim?

Public liability refers to the duty of care that a government, local or city council, business or property owner has to the public to ensure that the public space they are responsible for is safe for public use.

A public liability claim * refers to the type of personal injury claim * made against the property owner when a person has been involved in an accident and sustained an injury on property intended for public use.

Types of Public Liability Claims *

Some of the most common public liability claims * have been:

The most common reasons as to how people are involved in a slip, trip or fall accident * in a public place are:

  • Uneven or broken pavements and footpaths leading to personal injury
  • Wet or slippery supermarket or shop floors, due to spillage or cleaning. Where no warning or ‘cleaning in progress’ sign is displayed
  • Tripping on obstacles on the floor, such as cables from electrical units, or boxes left on a floor
  • Trip and fall on stairs due to poor lighting or due to the absence of handrails for balance.
  • Injured on somebody else’s private property due to hazardous conditions.

Public Liability Claim * Time Limits

There are certain time limits in place that tell us if you are eligible to make a claim or not and how long you have to make a claim. If you are outside the legal time limit to make a claim, then you will most likely be unable to make a claim. These time limits are referred to as the statute of limitations. The statute of limitations for a public liability claim is 2 years less one day from the date of knowledge to bring a claim forward.

What is the date of knowledge?

The date of knowledge is the date on which a person became aware they were injured. The date of knowledge can usually be determined when the injured person has knowledge of the following facts:

  • That they had been injured
  • That the injury was significant
  • That the injury was caused by the negligence, nuisance or breach of duty of the party at fault for the accident
  • They know the identity of the party at fault for the accident

In many cases, the date of knowledge will be the date of the accident, however, in cases where a person’s injuries don’t present themselves until sometime after the accident, the date of knowledge may be after the accident happened.

Children and Public Liability Claims *

Where a child has been injured in a public place, they cannot bring a public liability claim forward themselves as they are considered minors. Their time limit of 2 years will begin once they turn 18 years old. However, a parent or guardian may move forward with a public liability claim on the child’s behalf before they reach 18. It is advisable to speak with a solicitor if your child was injuries in an accident in a public place.

Making a Claim *

1. Report the accident

If you have been involved in a public place accident *, it is important that you report the accident to the owners of the establishment or the manager on duty or the local council, where necessary. The incident should also be recorded in the incident report book of the establishment.  Check that the details of the accident are correct before you leave.

2. Document the accident

It is also important that you keep your own records of the incident up to date this should include items such as:

  • Date and time of the accident
  • Was there CCTV present that may have captured the incident? If so, did you request the footage from them? If not, your solicitor can do this for you/
  • Take pictures of the scene of the accident, showing the cause, where possible.
  • Take pictures of your injury
  • Seek medical attention and request copies of any medical reports.

3. Speak with a specialist public liability solicitor to tell them about your case.

It is important to note that there are some factors that may prohibit you from making a claim. These factors include:

  • Where somebody injured themselves while trespassing on a property at the time of the incident
  • Where a person ignored health and safety measures in place. For example, if there was a warning blocking an entrance to a stairwell and a person ignored it and proceeded.
  • Where a person behaves recklessly and caused the accident
  • The cause of the accident was not there long enough for the owner to rectify the issue. For example, where a spillage just happens and seconds later you slip. It is unrealistic to expect the staff to have known about the spillage and clean it up in those few seconds.

TELL US ABOUT YOUR CASE

Tracey Solicitors draws on over 30 years of experience to ensure that while you focus on your recover that we focus on your case. To speak with a member of our public liability team, call 01 6499900 or email ask@traceysolicitors.ie and tell us about your case.

TELL US ABOUT YOUR CASE

contact no win no fee solicitors

016499900

or email ask@traceysolicitors.ie to tell us about your case and we can call you back

TELL US ABOUR YOUR CASE

Public Place Accident Claims * – Useful Information

 

What is a Public Place Accident Claim *?

In scenarios where a person is involved in an accident in a public place * that was not their fault and sustains an injury as a result of that accident, they may be entitled to pursue a public place accident claim *.

There are many different scenarios that could lead to a claim, most common of which are:

Each scenario and case will be different, therefore, it is important that you contact a public liability solicitor * as soon as possible after the accident to discuss your case.

How do I start a claim for an accident in a public place *?

The first step in making a claim, after you have spoken with a solicitor, is to submit an application to the Injuries Board for an assessment of your claim. You will be required to complete an Injuries Board Form A in order to start the claims process.  Your solicitor can gather the relevant documents needed (medical reports, Gardaí reports etc.,) do this on your behalf.

My claim has been submitted to the Injuries Board, what happens next?

Once the Injuries Board have received your application they have a period of 9 months in which to assess your claim. Once assessed, the Injuries Board will revert back to you and the person at fault with a suggested compensation amount to be paid to you. At this stage, one of two scenarios will come to pass:

  1. If both parties agree on the settlement amount, the Injuries Board will issue an order to Pay and the compensation amount will be paid to you.
  2. If either party disagree on the compensation amount then your case moves to the next stage – you have 6 months to issue court proceedings.
How is compensation calculated?

A compensation amount is calculated by taking into account the following aspects:

  • Loss of wages, if absent from work due to injury
  • Future loss of earnings, if absent from work for a long period of time
  • Medical expenses resulting from the injury
  • Future medical expenses resulting from the injury
  • Out of pocket expenses

In order to calculate compensation for you, the Injuries Board will refer to the Book of Quantum. The Book of Quantum shows value ranges of compensation amounts that have been awarded to people for injuries to specific parts of their bodies. Each of the average compensation amounts found in the book is taken from real personal injury cases * (over 51,000 in total) from the years 2014-2015.

I am very happy with the service I received from Tracey Solicitors. Staff members were very helpful, answered my questions in an efficient way and were always pleasant. I would highly recommend Tracey Solicitors”

Personal Injury Client *

Client Story – Eric, Public Place Accident *

Incident: Eric was cycling from home for leisure purposes. He was at the back end of Ballsbridge heading to Tesco from RTE. Whist cycling his front wheel went straight into a gully and John went over the handlebars, he hit his heads on the pavement and fell impacting his right shoulder, his right wrist and his lower back. Eric’s accident occurred due to the gully facing the wrong way as the lines were aligned with the road and not horizontal. He was vomiting for the following two days after the accident and was referred to the hospital by his GP and had to take an ambulance. Eric felt dizzy and became sensitive to light. A diagnosis of soft tissue injury was made by the hospital. The result of an MRI showed a partial tear of the TFCC and a partial tear of the scapho- lunate ligament. He had pins and needles radiating from the tip of his middle finger to the top of his right shoulder. Eric was fit and active before the accident. He tried to make a return to cycling about three and a half months after the accident but had to give up due to the injury sustained in his wrist. The accident had a negative impact on his job which he had to change.

Case progression: The claim was not accepted by the defendant and the Personal Injuries Board gave authorisation to take legal action. Proceedings were issued on the 04/01/2018.

Settlement: The case was settled in the Circuit Court on the 06/07/2018. The defendant was at fault as the gully was facing the wrong way and caused Eric to fall.

Client Story – Sarah, Public Place Accident *

Incident: Sarah was part of a party of 5 who attended a restaurant. She suffered a slip and fall accident in the restaurant toilet * when she slipped on a patch of wet floor *. She proceeded from the bar area through a passageway and went to the bathroom and then proceeded to return to her friends. As she walked through the corridor she slipped on the floor *. She went over on her left ankle and both knees hit the floor. She managed to get up and noted that the floor was more slippery in this area than other areas. There was no caution sign on the corridor and a staff member came to her assistance. The waitress advised her that the floor was dodgy and another person had nearly fallen some time earlier that evening. After falling she began to suffer from discomfort in her left foot immediately.

Case progression: The Personal Injuries Board decided that it would not be appropriate for them to make an assessment in the case on the 19/10/2017 and proceedings were issued on the same day. The case was brought to the High Court.

Settlement: The case was settled on the 24/07/2018 in the High Court.  The restaurant had a duty of care to its customers to provide safe surroundings. The floor shouldn’t have been wet or else a caution sign should have been visible.

FREQUENTLY ASKED QUESTIONS

How Do I Report a Public Place Accident *?

Following an accident in a public place *, it is important to report the accident to the right person. This is an important step to take when making a claim also. The person or authority you need to report the accident to will depend on where the accident happened…

READ MORE

What should have been in place to prevent my accident *?

When accidents happen in a public place, they are usually preventable. When we take on a public place accident claim * one of the most common questions is related to accident prevention – our clients want to know what should have happened to prevent their accident from happening. Here we will detail out the most common public place accident and the preventative measures that should be in place to prevent these accidents from happening…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE

FREQUENTLY ASKED QUESTIONS

How Do I Report a Public Place Accident *?

Following an accident in a public place *, it is important to report the accident to the right person. This is an important step to take when making a claim also. The person or authority you need to report the accident to will depend on where the accident happened…

READ MORE

What should have been in place to prevent my accident *?

When accidents happen in a public place, they are usually preventable. When we take on a public place accident claim * one of the most common questions is related to accident prevention – our clients want to know what should have happened to prevent their accident from happening. Here we will detail out the most common public place accident and the preventative measures that should be in place to prevent these accidents from happening…

READ MORE

Will I have to go to court?

The vast majority of personal injury claims * are settled before stepping foot into a courtroom. Only a small percentage of claims each year go to court for a Judge to decide on the outcome of the case…

READ MORE



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