Useful information

• Personal Injury Claim
• Road Accident Claim
• Serious Injury Claim
• Medical Negligence Claim
• Birth Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Slip and Fall Injury

If you have fallen due to the negligence of another or by virtue of a breach of their duty of care (which is a duty to avoid acts or omissions that one could reasonably foresee would cause an injury to another person) then you may have a valid claim for compensation.

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 themselves or to no one at all. However, some of these accidents are clearly the result of someone else’s negligence who had a legal duty of care to the victim.

If you have been involved in an accident or suffered an injury at the hands of another person, and if you have any questions surrounding the claim process, speak with one of our experienced personal injury claim solicitors, call (Free Phone) 1800 844 104 or complete our online enquiry form.

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 have a duty to follow health and safety guidelines to prevent accidents, including tripping over wires or slipping on wet surfaces.

In Ireland, supermarkets have been responsible for a large number of these types of accidents over the year; often, these injuries are caused when people slip on wet floors that have not been properly cleaned or mopped up by supermarket staff or when product spillages have not been properly tended 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 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.

Liability for slip and fall injuries

Understanding property owner’s responsibility

• You should report the accident immediately to the manager in charge at the time and take their details.
• If by chance you are asked to complete an accident report form, you should do – 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.

Claim process

1. Contact our slip and fall, injury solicitor

Our injury solicitors are experienced in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.

2. The PIAB Application

The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB. Examples of claims that PIAB covers include:

• Workplace injury
• Road traffic accidents
• Catastrophic injury
• Accidents in public places

3. Submitting information and documents to PIAB

Your solicitor will obtain evidence, medical reports, and other expert reports required. And submits these documents to the Board for Assessment.

4. Consent to assess the claim

Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an authorisation to allow the claimant to issue court proceedings.

5. Claim assessment time

If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant.

If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.

Compensation amount

How much compensation you receive for a personal injury is dictated by two legally binding documents known as:

The “Book of Quantum” and

The recently published Personal Injuries Guidelines by the Judicial Council of Ireland.

The Book of Quantum dictates how much compensation you are owed if your Authorisation was received from PIAB prior to the 21st of April 2021. In all other cases, compensation in respect of general damages is assessed with the aid of the Judicial council’s Personal Injuries Guidelines.

The Book of Quantum sets out general guidelines as to the amounts that may be awarded or assessed in Personal Injury Claims. The guidelines are divided into sections depending on what category of injury was suffered, e.g., head injuries, neck injuries, back injuries and spinal fractures, upper limb injuries, lower limb injuries, and body and internal organs. The Book of Quantum sets out 4 steps to assess what compensation is appropriate for the suffered injury. These steps are as follows:

1. Identify the category of injury
2. Assess the severity of the injury (through medical reports and records)
3. Research the value range
4. Consider the effect of multiple injuries

The Judicial Council adopted the Personal Injuries Guidelines on the 6th of March 2021. Similar to the Book of Quantum, this legal document sets out guidelines for assessing compensation regarding general damages. The general principles for this assessment centre on three criteria:

1. Awards of damages must be fair and reasonable to both the claimant and the defendant(s)
2. Awards must be proportionate to the injuries sustained
3. Awards must be compared on a scale of injuries that are both of a lesser and greater magnitude

One of the most substantial differences brought about by this update is that the average level of damages awarded has been reduced. However, the new guidelines have provided more details and explanations for claimants, which is a welcomed change to the process of making a personal injury claim.

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 apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation, click here.

Our team

If you have experienced injury or an accident in a public place and have questions surrounding the incident, please get in touch with our workplace injury solicitors at Coleman Legal to find out if you have a potential legal action against your employer. Our dedicated team has a collective experience of over 30 years, and we are ready to advise and assist you with your claim.

If you want to take legal action over an injury, you should consult our accidents in the workplace solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme.

Contact Rose Sweeney or Philip Treacy by email or call us FREE at 1800-844-104 to see how we can help you with your workplace injury or accident.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60

Contact details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegal.ie
Online Enquiry Form: Apply