REPORTING ACCIDENTS IN PUBLIC PLACES *

REPORTING ACCIDENTS IN PUBLIC PLACES *

Reporting Accidents in Public Places *

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 public liability claim * also. The person or authority you need to report the accident to will depend on where the accident happened.

Who should report an incident in a public place?                 

Anybody who has been involved in a public place accident * should report the accident immediately or as soon as possible after the accident.

If any witnesses to the accident are unsure what to do the best thing to do is to report the accident to the owners or people responsible for the public area.

It is also important to report any incidents that could have been an accident. If you are involved in or witness any near misses then you should also report these situations to the owners or people responsible for the accident to ensure another person does not injure themselves on, what could be, a cause of injury.

How to report your accident to the right people

Your priority following an accident will be to seek medical attention and ensure that your injuries are seen to. Once you have established the extent of your injuries, it is important to report the incident to the right person. The right person will depend on the situation and where you had your accident. Below you’ll find common accidents in public places and the right people to report them to:

Accident in a shop/supermarket/petrol station/other retail environment *

Following an accident in a shop or supermarket * you must report the accident to the manager on duty at the time. The manager must also ensure that the accident is reported on their side and will usually record the incident in their incident report book. It is important that all details are correct on this record, it is advisable to double check what the manager has recorded and request a copy of this where possible.

Accident in a restaurant/pub/bar/nightclub/hotel *

If you are involved in an accident in a restaurant on the property, then you will report the accident the restaurant manager and they should record the incident in their incident report book. It is advisable to double check their entry to ensure that all details are correct.

If you have experienced food poisoning and discovered this after you have left the restaurant then you will need to go back to the restaurant and report the incident to the manager on duty. It is advisable to have medical proof (medical report) with you proving that you were diagnosed with food poisoning.

Accident in a public area such as a footpath, park or playground

Councils and local authorities have an obligation and duty of care to ensure the health and safety of the public using the footpaths, parks, playgrounds and any public space owned by the town or city council. To do this, they are expected to carry out frequent risk assessments to identify and eliminate hazards that may injure the public. When making a claim against a local council for a slip, trip or fall, it must be reported to the local council. If you are unsure of how to do this or what to do next, it is advisable to speak with a personal injury solicitor * to tell them about your case and move forward.

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.

Superb, very well presented and very well explained. Exactly the way I wanted it. Overall, very happy with the service and very good value for money.”

Personal Injury Client *

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 with 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.

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

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

How long does a personal injury claim take to settle?

The time it takes to settle a claim will depend on the type of accident and the types of injuries sustained. This is why this is a difficult question to answer as there are many factors that come into play in the personal injury claims * process…

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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