Accidents happen when we least expect them—during a weekly shop, on a family holiday, or even while enjoying a concert. When an injury occurs in a public place, it can leave you feeling vulnerable and unsure of your rights. You might be dealing with physical pain, mounting medical bills, and the stress of lost income.
Knowing where you stand legally can provide much-needed clarity during a difficult time. In Ireland, if you have been injured due to the negligence of a property owner or manager, you may be entitled to seek compensation. This guide explores the most common types of public place accidents and explains the duty of care owed to you.
What Is a Public Liability Claim?
At the heart of most public place accident claims is the concept of “duty of care.” Under the Occupiers’ Liability Act 1995, the person or entity in charge of a premises (the occupier) must take reasonable steps to ensure the safety of visitors.
If an occupier fails to identify hazards, remove risks, or warn visitors of dangers, and you are injured as a result, they may be held liable. This applies to a wide range of locations, from supermarkets and hotels to parks and petrol stations.
Common Scenarios for Accident Claims
While every case is unique, certain types of accidents occur more frequently than others. Here is a breakdown of common scenarios where liability often arises.
1. Supermarket and Shopping Centre Accidents
Shopping should be a safe activity, yet supermarkets and shopping centres are common sites for injuries. Managers have a legal responsibility to provide a safe environment for both staff and customers.
Common causes include:
- Slips on wet floors: Spills that aren’t cleaned up promptly or lack “wet floor” warning signs.
- Tripping hazards: Items left in aisles, abandoned packaging, or uneven mats.
- Falling objects: Poorly stacked shelves causing merchandise to fall.
- Car park incidents: Potholes, poor lighting, or uneven surfaces in the car park area.
If an employee’s negligence (like ignoring a spill) caused your injury, their employer is generally held responsible.
2. Slips and Falls in Car Parks
Car parks, whether publicly or privately owned, present significant risks if not properly maintained.
- Public car parks: Local councils are usually responsible. They must conduct risk assessments and fix hazards like damaged footpaths or potholes.
- Private car parks: The business owner or occupier owes a duty of care to visitors.
Issues often involve poor lighting, damaged surfaces, or oil spills that haven’t been treated.
3. Accidents in Pubs, Bars, and Restaurants
Hospitality venues can be hazardous due to the mix of crowds, food and drink service, and sometimes low lighting. Owners must ensure that both staff and guests are safe.
Frequent incidents involve:
- Spillages: Liquid or food on the floor causing slips.
- Broken glass: Cuts from glassware that hasn’t been swept up.
- Furniture defects: Chairs or tables collapsing.
- Food poisoning: Illness caused by poor hygiene or spoiled food.
To claim successfully, you generally need to prove that the establishment was negligent—for example, by failing to clean a spill within a reasonable timeframe.
4. Hotel and Holiday Accidents
When you are relaxing on holiday, safety should be a given. Hotel owners must conduct frequent health and safety checks.
Claims often arise from:
- Poolside accidents: Slippery tiles or damaged drainage systems.
- Room defects: Faulty electrics or broken furniture.
- Food hygiene: Food poisoning from the hotel restaurant.
If you are injured on a package holiday organised by an Irish company, the Package Holidays and Travel Act 1995 may allow you to make a claim in Ireland, even if the accident happened abroad.
5. Accidents Involving Children (Playgrounds, Crèches, Schools)
Seeing your child injured is distressing. While children cannot make a claim themselves until they turn 18, a parent or guardian can act as a “Next Friend” to bring a claim on their behalf.
- Schools & Crèches: Staff have a duty to supervise children adequately and maintain safe ratios. Accidents often stem from lack of supervision, defective equipment, or unsafe premises.
- Playgrounds: Owners (often local councils) must maintain equipment. Claims can arise from defective swings or slides, or unsafe ground surfaces.
6. Leisure and Sports Accidents
Whether you are at the gym, on a golf course, or at a swimming pool, operators must ensure equipment and facilities are safe.
- Gyms: Claims may involve faulty machines or lack of instruction on how to use equipment safely.
- Swimming Pools: Hazards include excessive chemicals in the water, broken tiles, or lack of supervision.
- Golf Courses: Clubs must protect players and spectators, for example, by erecting nets where stray balls are a risk.
7. Transport-Related Accidents (Flights and Airports)
If you are injured on a flight, the Montreal Convention 1999 governs your rights. It provides a framework for compensation for injuries sustained on an aircraft. You may be able to claim for physical injuries as well as damaged baggage.
What to Do If You Have an Accident
Taking the right steps immediately after an accident can significantly strengthen your position if you decide to make a claim.
- Seek Medical Attention: Your health is the priority. See a doctor to have your injuries assessed and documented.
- Report the Accident: Inform the manager or person in charge immediately. Ensure the incident is recorded in an accident report book.
- Gather Evidence: Take photos of the hazard (e.g., the spill, the pothole, the broken equipment).
- Identify Witnesses: Get names and contact details of anyone who saw what happened.
- Preserve Receipts: Keep records of medical bills, travel costs, and any other expenses related to the injury.
Moving Forward
Navigating the aftermath of an accident can be complex, especially when you are trying to recover. Establishing liability often requires proving that the property owner failed in their duty of care.
If you have been injured in a public place, you do not have to face the legal process alone. Seeking professional advice can help you understand your options and ensure you receive the support you need to recover fully.
This article is written by John Ringrose, Partner. John has extensive experience in personal injury law, holds an MSc in Regulation from the London School of Economics, an LLM and a BCL from University College Cork, a B.E.D. from Mary Immaculate College together with a Diploma in Healthcare Law from the Law Society of Ireland.
