Slip and fall injury claim
Injury from slips, trips, and falls that occur in public places is one of the most common types of personal injury.
A person’s fall and subsequent injuries are frequently the consequence of a tragic event that can only be attributed to the victim or no one at all.
However, some of these accidents result from negligence by someone else who had a legal duty of care to the victim.
Property owners have the responsibility
Simply put, anyone who owns property frequented by members of the public has a duty to ensure that the walking surface is safe.
Shops, restaurants, offices, Council offices or spaces, and even your employer must follow health and safety guidelines to prevent accidents, including tripping over wires or slipping on wet surfaces.
In Ireland, supermarkets have been responsible for many of these accidents over the years.
Often, these injuries occur when people slip on wet floors that have not been adequately cleaned or mopped by supermarket staff, or when product spillages have not been properly attended to.
What to do after a fall injury?
- You should report the accident immediately to the manager and take their details.
- If by chance you are asked to complete an accident report form, you should do so but you should retain a copy of the accident report form for your records.
- Ask the manager if there are CCTV cameras on the premises and request that all relevant footage be kept and a record of your request.
- One of the most important things you can do after an accident like this is photographing the scene. Today, most people have smartphones with high-quality in-built cameras utilise this technology to help substantiate your claim. A simple photograph of the surface/floor may be instrumental to a successful claim.
- If anyone witnessed your fall, approach them and take their details they are a witness to your accident.
- Be vigilant in inspecting the surface after your fall and take note of the surroundings. Again, the camera in your phone can significantly assist in this regard.
Liability for slip and fall injuries
Understanding property owners responsibility
- You should report the accident immediately to the manager and take their details.
- If by chance you are asked to complete an accident report form, you should do so but you should retain a copy of the accident report form for your records.
- Ask the manager if there are CCTV cameras on the premises and request that all relevant footage be kept and a record of your request.
- One of the most important things you can do after an accident like this is to photograph the scene. Today, most people have smartphones with high-quality in-built cameras utilise this technology to help substantiate your claim. A simple photograph of the surface/floor may be instrumental to a successful claim.
- If anyone witnessed your fall, approach them and take their details they are a witness to your accident.
- Be vigilant in inspecting the surface after your fall and take note of the surroundings. Again, the camera in your phone can greatly assist in this regard.
Slip and fall Injury claim process
1. Contact our slip and fall injury solicitors
Our personal injury solicitors have extensive experience advising clients injured in slip and fall accidents.
Seeking legal advice at an early stage can help ensure that evidence is preserved, liability is investigated, and the appropriate steps are taken to progress your claim.
2. Submit an application to the Injuries Resolution Board (IRB)
Most slip and fall injury claims in Ireland must first be submitted to the Injuries Resolution Board (IRB) before court proceedings can be commenced.
Examples of claims that may be submitted to the IRB include:
- Slip and fall accidents in public places
- Workplace accidents
- Road traffic accidents
- Accidents involving defective premises
Certain categories of claims, including medical negligence claims, are exempt from the IRB process.
3. Gather supporting evidence
Your solicitor will obtain the evidence required to support your slip and fall injury claim. This may include:
- Medical reports
- Accident reports
- Photographs of the accident location
- CCTV footage where available
- Witness statements
- Evidence of financial losses and expenses
Additional expert evidence may be obtained where required.
4. Notification to the respondent
Once the application has been submitted, the Injuries Resolution Board will notify the respondent and provide an opportunity to consent to the assessment process.
If consent is provided, the claim will proceed through the IRB assessment process.
If consent is refused, the IRB will issue an Authorisation allowing court proceedings to be commenced.
5. Assessment and resolution
The Injuries Resolution Board will assess the claim based on the available evidence, including medical reports and details of any financial losses.
If both parties accept the assessment, the claim may be resolved without the need for court proceedings.
If either party rejects the assessment, the claimant may proceed with legal proceedings through the courts.
Every slip and fall injury claim is different, and the time required to resolve a claim will depend on factors such as the severity of the injury, the available evidence, and whether liability is disputed.
An Authorisation will be granted by PIAB to bring proceedings in court.
Compensation amount
The amount of compensation awarded in a slip and fall injury claim will depend on the nature and severity of the injuries sustained, the impact on the claimant’s daily life, and any financial losses arising from the accident.
In Ireland, compensation for personal injury claims is assessed primarily by reference to the Personal Injuries Guidelines adopted by the Judicial Council.
These Guidelines are used by the courts and the Injuries Resolution Board (IRB) when assessing general damages for pain and suffering.
When assessing compensation, a number of factors may be considered, including:
- The nature and severity of the injury
- The duration of symptoms and recovery
- Whether surgery or ongoing medical treatment is required
- The impact of the injury on work and daily activities
- Any permanent disability or long-term consequences
- The effect of multiple injuries where more than one injury has been sustained
The Personal Injuries Guidelines provide compensation ranges for different categories of injury, including head, neck, back, upper limb, lower limb, and psychological injuries.
In addition to general damages for pain and suffering, an injured person may also be entitled to recover special damages, including:
- Medical and rehabilitation expenses
- Loss of earnings
- Travel expenses
- Care and assistance costs
- Other out-of-pocket expenses arising from the accident
For older claims where an Authorisation was issued before 24 April 2021, the Book of Quantum may still be relevant.
However, most slip and fall injury claims are now assessed under the Personal Injuries Guidelines.
Every slip and fall injury claim is unique, and the compensation awarded will depend on the specific facts and medical evidence in each case.
Statute of limitations
You have two years from the accident date within which to issue proceedings. If you are under 18, a separate set of rules applies, and we recommend that you contact our solicitors to discuss them.
To learn more about the statute of limitations for a slip and fall injury, click here.
Frequently Asked Questions
What duty of care does the Occupiers’ Liability Act 1995 place on property owners in Ireland?
In Ireland, the Occupiers’ Liability Act 1995 imposes a duty of care on the occupier of premises towards visitors.
A visitor is owed a duty to take reasonable care to ensure their safety while on the premises.
This applies to supermarkets, shopping centres, restaurants, offices, and other places to which the public is invited.
Where an occupier fails to maintain the premises in a reasonably safe condition and a person is injured as a result, a public liability claim may arise.
How important is CCTV footage as evidence in a slip and fall injury claim in Ireland?
In Ireland, CCTV footage from the premises where a slip and fall injury occurred can be critical evidence in a personal injury claim.
It can confirm the condition of the floor at the time of the accident, establish how long a hazard had been present, and demonstrate whether the occupier had taken any steps to address it.
You should request that the premises retain all relevant CCTV footage immediately after the accident.
Your solicitor can assist by sending a formal preservation notice to the occupier or their insurer.
Who is liable if I slipped in a rented commercial or residential property in Ireland?
In Ireland, liability for a slip and fall in a rented property will depend on whether the defect that caused the accident was the responsibility of the landlord or the tenant.
Under the Occupiers’ Liability Act 1995, the occupier rather than the owner bears the primary duty of care to visitors.
However, where the hazard arose from a structural defect for which the landlord was responsible, a claim may lie against the landlord.
Your solicitor will advise on the correct defendant based on the specific circumstances.
Does contributory negligence affect the amount of compensation in a slip and fall claim?
In Ireland, contributory negligence under the Civil Liability Act 1961 can reduce the damages awarded in a slip-and-fall claim where the injured person is found to have been partly responsible for their own injuries.
For example, wearing footwear that was inappropriate for the conditions, failing to observe visible wet floor signs, or being distracted by a mobile phone at the time of the fall could contribute to a finding of contributory negligence.
The court or the IRB will apportion responsibility between the parties and reduce any award accordingly.
How does the Injuries Resolution Board (IRB) assess public liability slip and fall claims?
In Ireland, slip-and-fall claims arising in public places, including supermarkets, shopping centres, and restaurants, are generally required to be submitted to the Injuries Resolution Board (IRB) for assessment before court proceedings can be issued.
Your solicitor submits the IRB application with supporting medical reports and evidence.
The respondent is notified and must confirm whether they consent to the assessment.
The IRB then issues an assessment of general and special damages.
If both parties accept the assessment, it has the force of a court order; if either party declines, an authorisation is issued to proceed to the courts.
