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Having an accident or being injured in a public space can lead to injury and pain and have a far reaching effect on your health and well-being, as well as financial repercussions.
If you have had an accident or been injured in a public space due to the negligence of another, a personal injury claim is a legal process that aims to provide compensation for your injury and any associated financial losses.
Michael Kelleher Solicitors has highly experienced personal injury solicitors who can offer you sound legal advice on making a public liability accident claim. Seeking legal advice as quickly as possible gives your claim the best chance of success so, don’t hesitate to contact us for advice.
Local councils, organisations, and business owners have a duty of care to prevent accidents and if you have suffered an avoidable injury due to a breach in that duty of care, you may be entitled to compensation. There are various types of public liability accidents that can occur such as:
In a public liability accident claim, the other party must have had a duty of care towards you, which means they must have had an obligation to prevent your accident. There must have been a breach of that duty which directly led to your accident, this is causation. You must have suffered actual harm and a physical, financial, or emotional loss as a result.
The Injuries Resolution Board, previously called the Personal Injuries Assessment Board (PIAB), is the independent statutory body which deals with personal injury claims, including public liability accident claims. Generally, public liability accident claims begin by submitting an application to the IRB which includes details of your accident, your injuries, and a medical report. It is important to seek legal advice prior to submitting an application to the IRB as the respondent may not consent to having the claim assessed by the IRB and you will then have the right to take your claim to court for resolution.
Following an accident, first you must get medical attention for your injuries. Even if your injuries seem minor it is important to get them checked out.
Report your accident to the management or owner of the establishment or location where the accident occurred. Ensure you get the name and contact details of the person you are dealing with.
Gather evidence such as photos of your injuries and the location where they occurred or any hazards that led to your accident. Request copies of any CCTV footage and get the contact details of any witnesses to the accident.
Keep records of any expenses you incur as a result of your accident.
Making a public liability accident claim starts with seeking expert legal advice. At MKS solicitors, we have extensive experience of public liability accident claims and can assess your claim based on the details of your injury and its cause.
Your solicitor will arrange for you to obtain an expert medical report outlining the nature and extent of your injuries. You may also need other expert reports and your solicitor will advise you.
You will then, with your solicitor, prepare your application to the Injuries Resolution Board, This will include your medical evidence, your accident report, and other supporting documents including details of any financial loss incurred.
The Injuries Board will review your application and assess your claim. If the defendant does not consent to the assessment of the IRB, then your solicitor will advise you how best to proceed.
Practice Areas
We cover all criminal law matters, such as:
Compensation for public liability accident claims varies depending on the nature and severity of the injuries that you have sustained, your medical expenses, and the extent of other losses incurred including loss of current and future income.
In 2024, the average public liability award was €18,967 but this amount can be very different depending on the individual circumstances. It is best to seek the expert advice of a solicitor to determine a fair compensation amount.
Public liability claims are a type of personal injury claim and damages are awarded as general damages and as special damages.
General damages are awarded for the type of injury you have sustained and its effect on your physical and mental health. Special damages are awarded to compensate you for your financial losses such as medical expenses and loss of earnings.
A public liability accident claim arises where you are injured in a public space due to the negligence of another person.
Compensation may be awarded depending on the circumstances of your accident, your injuries, and any associated financial loss.
The Statute of Limitations is the time limit governing personal injury claims, including public liability accident claims and is two years from the date of your accident in most cases.
For those under 18 who are injured, there is the option of an adult making a claim on behalf of the child or the child involved can make a claim on their own behalf following their 18th birthday. They will then have two years to make a public liability accident claim.
There is no definite time that your claim can take as cases can be complex and it can take time to gather evidence and seek expert testimony in some cases.
As a general guideline, the IRB usually takes in the region of 7 months to make a recommendation following a successful case.
There are some requirements for an eligible claim.
The injury must be more than trivial and must have been directly caused by negligence, meaning that the property owner or manager failed to take reasonable care to prevent injury.
A ‘no win no fee’claim means that your solicitor will not need a fee upfront to take on your claim. This means that your financial circumstances are not a barrier to making a claim for a public liability accident such as a slip or fall in a public place.
If you have had an accident in a public space due to the negligence of another, Micheal Kelleher Solicitors offers trusted legal advice.
Our experienced public accident and personal injury solicitors are happy to speak to you about your options and offer you sound legal advice. Your concerns will be listened to and we strive to offer a client centred service that best represents your interests.
We are based in Dublin 8 but we operate nationwide. Call us today to discuss your public liability accident claim or leave your details and we will contact you promptly.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@54.75.63.4
“In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.”
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