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Unfortunately, accidents in public places can, and do happen, and sometimes these can result in injuries that have a significant impact on a person’s life.

The principles of duty of care and negligence play a big part in determining liability. Whether it’s a slip and fall on a wet floor or a trip on a footpath, the specifics of each situation will determine whether there was a negligence or a breach in duty of care. However this is not always straightforward, and there will often be many factors involved that will need to be weighed up.

This is why it is important to speak with a solicitor who is experienced in dealing with accidents in public places. They can look at all aspects of how the accident happened and whether it’s possible to make a claim or not.

Understanding duty of care in public spaces

Under Irish law, property owners, occupiers, and local councils have a duty of care to maintain safe environments for visitors and the public. When they fail to do so, and someone gets injured as a result, they may be held liable.

However, not every injury in a public place is automatically a viable legal claim. A key factor is negligence – proving that the responsible party failed in their duty of care.

• Public areas maintained by the local councils

Local councils have a responsibility to maintain roads and footpaths and ensure they are safe for public use. This duty however does not cover ‘non-feasance’, so every accident in a public place does not give rise a possible case for compensation. Every situation will be different, and the specifics of how and where the accident happened will need to be carefully considered by a solicitor experienced in public place accident claims.

• Private property owners’ responsibilities

Owners and occupiers of private properties open to the public, such as retail stores, restaurants, and recreational facilities, have a clear duty of care. This includes maintaining floors, stairways, and parking areas to avoid creating hazards.

For example, if someone slips on a wet floor with no warning sign, or trips over unsecured wires, the property owner could be held liable for negligence.

However, liability may not apply if the injured person ignored clear warnings. For example, if a ‘Wet Floor’ sign is displayed and a person chooses to walk on the wet surface anyway without due regard for their own safety, a claim might not succeed.

Situations where claims may not be viable

Unavoidable accidents: In some cases, accidents may occur despite reasonable precautions by property owners or councils. These are considered unfortunate events rather than incidents of negligence.

Force majeure events: Natural disasters or extreme weather conditions may lead to injuries, but liability is unlikely unless the responsible party failed to act in response to known risks.

Personal responsibility: If an individual is injured due to their own carelessness, they may not be able to hold another party liable. For example, if someone trips and falls while distracted, such as if they were texting and not paying attention to what they were doing, this could weaken a claim.

If you’ve been injured in a public place, it’s always worth speaking to a specialist personal injury solicitor to find out if you have a case and explore your options.

If you are entitled to make a claim, a solicitor experienced in accident in public place claims can evaluate your case, help gather evidence and guide you through the legal process.

To find out more, contact us and tell us about your case.