Footpath Accident Claims in Ireland

Who may be responsible for a footpath?

Responsibility should not be assumed from the appearance of the location. A footpath may form part of a public road, lie within privately controlled premises or have been affected by construction, utility or maintenance work.

Section 13 of the Roads Act 1993 assigns functions concerning the maintenance and construction of national, regional and local roads to the relevant road authorities. The revised section also expressly addresses works involving a footpath, pavement or footway within an existing road.

That does not mean every footpath is controlled by a local authority or that the existence of a defect automatically creates civil liability. Depending on the location and circumstances, enquiries may need to consider:

• The relevant road authority.
• A private owner or occupier.
• A management company.
• A construction or maintenance contractor.
• A utility company responsible for works.
• Another person responsible for an obstruction or alteration.

The identity of the correct proposed respondent can affect both the evidence required and the Injuries Resolution Board application.

How liability is assessed

Where the Occupiers’ Liability Act applies, section 3 requires an occupier to take reasonable care in all the circumstances to prevent injury or damage to a visitor caused by a danger on the premises.

The current provision requires consideration of circumstances including the probability of a danger, the probability and likely severity of injury, the practicability and cost of precautions and the care reasonably expected from the visitor.

A difference in level, crack, broken surface or obstruction does not by itself establish negligence. Relevant issues may include:

• The nature, size and location of the condition.
• How visible it was.
• Lighting and weather.
• The expected use of the route.
• Whether works or repairs had taken place.
• Any inspection or maintenance arrangements.
• Any warning or barrier.
• The actions of the pedestrian.
• Whether the condition caused the fall and alleged injury.

Photographing and recording the location

The location may be repaired or altered after the accident. Accurate contemporary evidence can therefore be important.

Where it is safe and lawful to do so, useful material may include:

• Wide photographs showing the route and surrounding landmarks.
• Medium-distance photographs showing the approach to the condition.
• Close photographs showing the alleged defect.
• A photograph containing a fixed measuring reference, without changing or disturbing the surface.
• The exact address, nearby premises, pole number or other identifying feature.
• A map pin or coordinates.
• Weather, lighting and visibility.
• Signs, barriers, cones or markings.
• Utility covers, temporary works, construction materials or tree roots.
• Photographs of relevant footwear.
• Witness names and contact details.

Do not enter traffic, trespass or place another person at risk to take a photograph. Keep original image files unchanged.

For broader guidance, read about preserving evidence after an accident.

Reports, works and repair records

Report the location accurately to the person or body believed to control it and retain the acknowledgement or reference number.

Depending on the circumstances, relevant records may include:

• Earlier reports or complaints about the location.
• Inspection and maintenance records.
• Work orders and repair records.
• Utility-opening or roadworks information.
• Contractor records.
• Photographs taken before or after repair.

A claimant is not automatically entitled to every internal record. The existence, accessibility and evidential importance of a record require individual consideration.

If the location is repaired, the repair does not by itself prove that the earlier condition was negligent. Contemporaneous photographs, measurements and reports may nevertheless help establish what the area looked like at the relevant time.

Medical evidence and causation

Medical evidence may document the injury, symptoms, diagnosis, treatment and prognosis. It must also assist in determining whether the fall caused the alleged injury or aggravated an earlier condition.

An earlier injury does not automatically prevent a claim. It should be disclosed accurately so that the medical evidence can distinguish the previous condition from any change attributed to the accident.

Receipts, invoices, payslips and employer records should be retained where medical expenses or loss of earnings are alleged.

Injuries Resolution Board, notice and time limits

Personal injury claims must generally first be submitted to the Injuries Resolution Board unless resolved directly with the other party or insurer. The proposed respondent and the location of the accident must be identified accurately.

Section 8 of the Civil Liability and Courts Act 2004 provides for written notice to the alleged wrongdoer within one month from the date of the cause of action. Failure without reasonable cause can affect the inferences drawn by a court and may have costs consequences.

In many adult personal injury claims, the general limitation period is two years from accrual of the cause of action or the date of knowledge, if later. The Board process and other exceptions may affect the calculation. Advice should therefore be obtained without delay.

Frequently asked questions

Is the local authority responsible for every footpath?

No. Responsibility depends on the location, status of the route, ownership, control and any relevant works. A private occupier, contractor, management company, utility or another person may need to be considered.

Is there a fixed defect height that guarantees a claim?

No. Liability is not determined by a single measurement. The entire location, visibility, risk, reasonable precautions, pedestrian conduct, causation and supporting evidence must be considered.

What if the footpath was repaired after the accident?

A later repair does not determine liability. Original photographs, measurements, reports and witness information may help establish the earlier condition.

What if no photograph was taken?

The absence of a photograph does not determine the outcome. Witness evidence, reports, nearby CCTV, repair records and other contemporaneous material may still be relevant.

Related information

• Slip and trip claims in public places
• Personal injury evidence guide

Official information

• Law Reform Commission — revised Roads Act 1993, section 13
• Law Reform Commission — revised Occupiers’ Liability Act 1995, section 3
• Health and Safety Authority — mapping slip and trip hazards
• Injuries Resolution Board — making a claim
• Law Reform Commission — revised Civil Liability and Courts Act 2004, section 8
• Law Reform Commission — revised personal-injury limitation provision

Reviewed by Lalloo Solicitors

This page provides general information and is not a substitute for legal advice about an individual matter.