E-scooters have become the single biggest cause of traumatic brain injuries (TBI) in children admitted to Children’s Health Ireland (CHI) at Temple Street since legislation was introduced in May 2024. Under-16s are legally prohibited from riding e-scooters on public roads, yet enforcement has repeatedly failed. Irish families affected by e-scooter injuries involving children may have legal rights under product liability law, negligence principles, and road traffic legislation.
Something has changed on Irish roads since May 2024, and the consequences are being felt in children’s hospitals across the country.
When the Road Traffic (Electric Scooters) Regulations 2024 (S.I. No. 199/2024) came into force, e-scooters became a legal presence on Irish roads for the first time. Within months, clinicians at Children’s Health Ireland (CHI) at Temple Street, Ireland’s national paediatric neurosurgical centre, began documenting a pattern that alarmed them. Children were arriving with traumatic brain injuries caused by e-scooter falls and collisions. Not in small numbers, and not with minor injuries.
By August 2025, Dr Irwin Gill, Consultant Paediatrician, and Prof Darach Crimmins, Consultant Paediatric Neurosurgeon, both of CHI at Temple Street, wrote publicly in The Irish Times to raise the alarm. E-scooter accidents had become the single biggest cause of traumatic brain injury (TBI) resulting in admission to the neurosurgery and rehabilitation services at Temple Street, surpassing car crashes, bicycle accidents, falls, and sporting injuries. E-scooters were responsible for TBI in more than 25% of all children admitted under the neurosurgery team in the preceding year.
By June 2026, the same clinicians, alongside colleagues Dr Patrick Fitzpatrick, Dr Caroline Fox, Dr Orna Grant, and Dr Márton Déli, returned to those pages. The crisis had not abated. Devolving responsibility to young people and their parents alone, they wrote,
“is a dereliction of the State’s duty.“
This blog post sets out what that crisis means in medical terms, what the law says, and what Irish families can do if a child has been injured.
What Does a Paediatric Traumatic Brain Injury Actually Mean?
The Numbers From Temple Street
The statistics from CHI at Temple Street are stark. According to the August 2025 letter from Dr Gill and Prof Crimmins, approximately half of the children admitted with e-scooter-related TBI required admission to the intensive care unit. Approximately the same proportion underwent emergency neurosurgery. Some have acquired disabilities that will last a lifetime.
Children with TBI caused by e-scooter falls typically spent roughly the same amount of time in hospital as children injured in car crashes, and five times longer than children with TBI caused by bicycle falls. Length of hospital stay, in this context, reflects the severity of injury.
In November 2025, the Road Safety Authority (RSA) and CHI jointly reported that in the preceding year alone, more than 20 children had sustained serious brain injuries after falling from e-scooters, with an average hospital stay of 19 days.
The Injuries That Don’t Show Up on Scans
TBI does not end at the hospital door. For many children, the most disabling consequences emerge weeks or months after discharge, and they are often invisible to those outside the family.
Executive dysfunction affects the ability to plan, concentrate, and regulate emotions. Neurogenic fatigue, a profound, unrelenting exhaustion caused by brain injury, can prevent children from returning to school full-time. Behavioural changes, irritability, anxiety, and depression frequently follow. These are not passing phases. For some children, they represent permanent changes to who they are and how they experience the world.
This is what makes e-scooter injuries different from a broken wrist or a fractured collarbone. The brain is not a bone. It does not simply heal. And when it is the brain of a child that is injured, the effects can reshape an entire family’s life.
What the Law Says: The Under-16 Ban and the Enforcement Gap
Regulation 5 of S.I. No. 199/2024
The Road Traffic (Electric Scooters) Regulations 2024 are explicit. Regulation 5 prohibits use of an e-scooter in a public place by anyone under the age of 16. This is not a guideline. It is a legal prohibition. Under-16s cannot lawfully ride an e-scooter on a public road, path, or any other public place in Ireland.
Every child admitted to Temple Street with an e-scooter TBI was, as Dr Gill and Prof Crimmins noted in their August 2025 letter, in breach of this restriction, not because of their own wrongdoing, but because those responsible for supervising or supplying the device failed them.
The Enforcement Failure
The clinicians were direct: the under-16 restriction is “either not being enforced, or is not enforceable.” An Garda Síochána does not appear to have the resources or mechanisms to meaningfully prevent children from riding e-scooters on public roads. Despite the legal prohibition, children continue to access and use these devices, and continue to be admitted to hospital as a result.
This enforcement gap matters legally. When a law designed to protect a specific class of person, children, is repeatedly and foreseeably not enforced, it raises questions about the State’s duty of care to those children. The clinicians writing in June 2026 put it plainly: shifting all responsibility onto parents and young people “is a dereliction of the State’s duty.“
Non-Compliant Devices and the Supply Chain
Not all e-scooters on the Irish market comply with the technical requirements of S.I. No. 199/2024. The Regulations set out speed limits, power limits, and construction requirements for legally compliant devices. Where a device does not meet those standards, and particularly where it was purchased online or through informal channels, there may be additional legal questions about who bears responsibility for injury.
Parental Responsibility vs. the State’s Duty: Where Does the Line Fall?
Parents have legal responsibilities for the safety of their children. Where a parent provides or permits a child under 16 to use an e-scooter on a public road, they may be exposing themselves to civil liability in the event of injury, both in respect of their own child and in respect of third parties.
But parental responsibility does not extinguish State responsibility. The State enacted legislation to protect children. It has, by the account of its own leading clinicians, failed to enforce it. A regulatory framework that exists on paper but not in practice offers children no real protection at all.
The June 2026 letter from the CHI clinicians called directly on public authorities to enforce existing laws, and stated clearly that if those laws cannot be enforced, the State has an obligation to explore alternative means of keeping children safe, including a ban on e-scooters.
That is a significant statement from the doctors treating these children. It deserves to be taken seriously.
What Legal Options Do Affected Families Have?
Product Liability Claims Under the Liability for Defective Products Act 1991
Where a child is injured as a result of a defective e-scooter, one that failed mechanically, did not meet safety standards, or was not accompanied by adequate warnings, families may have a claim under the Liability for Defective Products Act 1991. This Act, which implements the EU Product Liability Directive, places strict liability on producers for damage caused by defects in their products. In a strict liability claim, the injured party does not need to prove that the manufacturer was careless, only that the product was defective and that the defect caused the injury.
This is particularly relevant where the device was purchased new, where the defect relates to its design or construction, or where the product did not carry appropriate age restrictions or safety warnings.
Negligence Claims and the MIBI Gap
Where a child is injured by an e-scooter rider, whether as a pedestrian, cyclist, or passenger, and that rider is uninsured (as all e-scooter riders are, given that e-scooters are not required to carry insurance under current legislation), the Motor Insurers’ Bureau of Ireland (MIBI) may not cover the claim in the same way it would for an uninsured motor vehicle. This is a significant gap in the current legal framework, and one that leaves seriously injured children without access to the compensation that would otherwise be available to victims of uninsured drivers.
Where the injured child was themselves riding an e-scooter and the injury was caused by the negligence of a third party, a motorist, a road surface defect, or a negligently maintained footpath, a negligence claim may be available.
Claims involving personal injury in Ireland typically must first be referred to the Injuries Resolution Board (IRB) before court proceedings can be issued.
Protecting Your Child’s Future: Next Friend, the Statute of Limitations, and Court-Approved Settlements
Children cannot bring legal proceedings in their own name. A parent or guardian acts as their “next friend”, their legal representative, for the purpose of any claim. This is not just a procedural formality. It is a significant protection for the child, ensuring that any settlement of a child’s personal injury claim must be approved by the court. A court-approved settlement protects the child’s interests and ensures that the compensation received is appropriate and properly managed.
On the Statute of Limitations: in Ireland, a minor’s right to sue does not begin to run until they turn 18. This means that even where a child has been injured years earlier, the two-year limitation period for personal injury claims does not expire until two years after their 18th birthday. Families should not assume that time has run out, but they should seek advice as early as possible, because early evidence preservation is critical.
What You Should Do If Your Child Is Injured in an E-Scooter Accident
Step 1: Seek Immediate Medical Assessment
Always ensure your child receives a full medical assessment, even if initial symptoms appear minor. TBI can present with delayed symptoms. A documented medical assessment is also essential evidence in any future legal claim.
Step 2: Report to An Garda Síochána and Obtain a PULSE Reference Number
Report the incident to your local Garda station as soon as possible. Obtain a PULSE reference number. This creates an official record of the incident and preserves your child’s legal rights.
Step 3: Preserve the Device and All Evidence
Do not repair, modify, or dispose of the e-scooter involved in the accident. Preserve all packaging, manuals, purchase receipts, and any communications with the retailer. Photograph the scene, the device, and your child’s injuries as soon as it is safe to do so. Evidence gathered in the hours and days after an accident is often the most important evidence in a case.
Step 4: Speak to a Solicitor
You do not need to know whether you have a claim before you speak to a solicitor. A specialist personal injury solicitor can assess your situation, explain your options clearly, and advise you on the steps to take — without obligation. The earlier you take advice, the better placed you will be to protect your child’s rights.
The State Must Act But You Don’t Have to Wait
The medical professionals treating these children have now spoken twice in the pages of The Irish Times. They have used words like “crisis” and “dereliction of duty.” They have called for enforcement, legislative reform, and if reform fails, an outright ban.
Those are not words that clinicians use lightly. They are the words of doctors who have watched children arrive in their intensive care unit after preventable accidents, who have performed emergency neurosurgery on children who had no business being on an e-scooter in the first place, and who have supported families as they begin to understand that their child’s life has been permanently altered.
The State must act. In the meantime, if your child has been injured in an e-scooter accident, you do not have to navigate the legal system alone.
At HOMS Assist, we’re on your side. We will listen, we will explain your options clearly, and we will guide you through every step of the process. Your child’s future matters, and so do their rights.
Contact our specialist team today for a no-obligation consultation.
Frequently Asked Questions
Is it illegal for children under 16 to ride e-scooters in Ireland?
Yes. Regulation 5 of the Road Traffic (Electric Scooters) Regulations 2024 (S.I. No. 199/2024) explicitly prohibits anyone under the age of 16 from using an e-scooter in a public place in Ireland. This prohibition applies to public roads, footpaths, and all other public areas.
What are the most common injuries children sustain in e-scooter accidents in Ireland?
According to clinicians at Children’s Health Ireland (CHI) at Temple Street, the most serious injuries are traumatic brain injuries (TBIs). Data from CHI shows that e-scooter accidents are now the single biggest cause of paediatric TBI admissions, accounting for more than 25% of neurosurgical admissions. Approximately half of those children required intensive care, and approximately half underwent emergency neurosurgery. Fractures and lacerations are also commonly reported.
Can I make a legal claim if my child was injured in an e-scooter accident?
You may have a claim, depending on the circumstances of the accident. Potential avenues include product liability claims under the Liability for Defective Products Act 1991, negligence claims against a third party, and, in some cases, claims relating to road defects or poor maintenance. A specialist solicitor can assess your specific situation and advise you on the appropriate route.
How long do I have to make a personal injury claim on behalf of my child in Ireland?
Under the Statute of Limitations, the two-year time limit for personal injury claims by a minor does not begin to run until the child turns 18. This means proceedings can be issued up to two years after their 18th birthday. However, early legal advice and evidence preservation are strongly recommended, regardless of the child’s age at the time of the injury.
What does a “next friend” mean in a child’s personal injury claim?
A “next friend” is the adult, typically a parent or guardian, who brings legal proceedings on behalf of a child who cannot sue in their own name. Any settlement of a child’s personal injury claim must be approved by the court, which acts as an additional safeguard to ensure the settlement is fair and in the child’s best interests.
What should I preserve as evidence after an e-scooter accident involving my child?
Preserve the e-scooter itself, do not repair, alter, or dispose of it. Retain all purchase documentation, packaging, and instruction manuals. Photograph the scene, the device, and your child’s injuries as soon as possible. Obtain medical records from all treating clinicians, and get a PULSE reference number from An Garda Síochána after reporting the incident.
What is the MIBI Gap in e-scooter injury claims?
The Motor Insurers’ Bureau of Ireland (MIBI) provides compensation to victims of uninsured and untraced motor vehicles. E-scooters, however, are not subject to compulsory insurance under current Irish legislation. This creates a significant gap in protection for people injured by e-scooter riders, as the MIBI scheme may not apply in the same way it would following a road traffic accident with an uninsured car. A solicitor can advise you on alternative routes to compensation in these circumstances.
