Child Injury Claims in Ireland

Child injury claims in Ireland

This page concerns injuries or illnesses allegedly arising in a crèche, school, playground or another supervised setting. The fact that a child was injured or became ill in such a setting does not by itself establish legal responsibility.

The circumstances must be examined, including who controlled the setting or activity, the duty owed to the child, the risk involved, the precautions and supervision provided, and whether the incident caused the injury or illness complained of. Where an accident involves a dangerous walking surface or another hazard on premises, the separate guide to slip and trip claims may also be relevant.

Accident circumstances and evidence

Evidence that may be relevant includes:

• the date, time, location and activity taking place;
• an incident report and related communications with the crèche, school or organisation;
• photographs, video and any available CCTV footage;
• the names of staff, supervisors and witnesses present;
• relevant policies, risk assessments and supervision records;
• inspection, maintenance or repair records for equipment or the accident location;
• attendance and collection records where relevant;
• medical-attendance and treatment records; and
• records of the effect on schooling, activities and daily life.

Evidence should be identified and preserved promptly where possible. Its availability and significance will depend on the particular setting and incident.

Medical evidence and the effect on the child

Medical evidence should record the symptoms reported, examination findings, diagnosis, treatment and prognosis. It should address whether the incident caused a new injury or illness or aggravated an earlier condition.

The effect on the individual child should be recorded accurately. This may include medically supported effects on mobility, sleep, education, activities or psychological wellbeing. No outcome should be assumed from the name of an injury or from another child’s experience.

The next friend and the Injuries Resolution Board

A child does not conduct a personal injury claim alone. An adult, usually a parent or guardian, acts as the child’s next friend and makes decisions on the child’s behalf. The next friend must act in the child’s interests, and suitability or any possible conflict should be considered in the individual case.

Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.

A next friend can submit the Board application on the child’s behalf. A completed application contains the claimant and accident information required by the Board, the applicable processing fee and a medical report from a treating doctor describing the injuries allegedly sustained.

Court approval and settlement funds

Section 35 of the Personal Injuries Assessment Board Act 2003 provides that an assessment involving a minor does not become binding unless and until the required court approval has been obtained. The court-approval procedure is commonly described as an infant ruling.

The Courts Service states that, where a settlement has been reached through the Injuries Resolution Board for someone under 18, the next friend or solicitor must apply for approval within three months of agreement. The judge considers whether the proposed settlement protects the child’s interests.

Following approval, the funds are normally held by the court, or in a trust fund, until the child turns 18. The child can then apply for their release. In some circumstances, the next friend may apply for a part-payment before that date.

Time limits for child claims

For most non-clinical personal injury claims, where the statutory disability rules apply, the limitation period generally does not expire until two years after the child ceases to be under the disability, ordinarily on turning 18. A different period can apply to a clinical-negligence action. Other exceptions also apply, including where the right of action first accrued to a person who was not under a disability and through whom the child claims.

The existence of a later potential deadline is not a reason to delay investigating an incident. CCTV may be overwritten, records may become unavailable and witnesses’ recollections may change. Case-specific advice should therefore be obtained without delay.

Official information

• Courts Service — Approving a settlement for someone under eighteen
• Irish Statute Book — Personal Injuries Assessment Board Act 2003, section 35
• Law Reform Commission — Revised Statute of Limitations (Amendment) Act 1991, section 5
• Irish Statute Book — Civil Liability and Courts Act 2004, section 7
• Irish Statute Book — Legal Services Regulation Act 2015, section 221
• Injuries Resolution Board — How to make a claim
• Injuries Resolution Board — Frequently asked questions
• Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7

Related personal injury guidance

For the wider claim process, read our guide to personal injury claims and solicitors in Ireland. Our personal injury evidence guide explains the records that may be important, while our Injuries Resolution Board guide explains the assessment process for claims within the Board’s remit.

Questions about funding and legal costs should be considered in the individual case. See No Win No Fee Explained and contact Lalloo Solicitors if you require advice about a child’s circumstances.