Petrol Station and Forecourt Accident Claims in Ireland

Petrol-station and forecourt hazards

A petrol station combines pedestrian areas, vehicle movements, fuel-handling equipment, shop entrances and surfaces exposed to the weather. Relevant accident circumstances may include:

• Petrol, diesel, oil or another liquid on a pedestrian route.
• Rainwater, ice or moisture carried through an entrance.
• Cleaning that leaves a surface wet or contaminated.
• Hoses, equipment or other objects obstructing a route.
• Damaged surfaces, kerbs, channels, covers or changes in level.
• Inadequate lighting or visibility.
• A moving vehicle in the forecourt or parking area.

The Health and Safety Authority identifies water, oil, ice, food and other solid or liquid contamination as possible slip risks. It also identifies entrances, wet weather, floor matting, monitoring and prompt spill control as relevant safety considerations.

The presence of a spill or defect does not by itself establish negligence. Its source, how long it existed, whether it was reasonably foreseeable and what precautions were practicable must be examined.

Occupiers’ liability and control of the premises

Under section 3 of the Occupiers’ Liability Act 1995, an occupier owes a visitor a duty to take reasonable care in all the circumstances to prevent injury or damage caused by a danger on the premises.

The current legislation directs attention to circumstances including:

• The probability that a danger existed.
• The probability and likely severity of an injury.
• The practicability and cost of precautions.
• The care reasonably expected from the visitor.

Responsibility for a particular area should not be assumed. Depending on the circumstances, relevant parties could include the petrol-station operator, site owner, occupier, cleaning contractor or another person responsible for the area or activity.

Evidence specific to a petrol-station accident

Safety and medical care come first. Fuel and moving vehicles can create additional hazards, so nobody should remain in a dangerous area merely to obtain photographs.

Where it is safe and possible, useful information may include:

• The station name and exact address.
• The date and approximate time.
• The pump number, parking space, entrance or other precise location.
• A receipt, card record or other document confirming presence and time.
• Wide and close photographs of the location and alleged hazard.
• Photographs of warning signs, barriers, lighting and surrounding conditions.
• The name of the manager or staff member receiving the report.
• The incident-report number and a copy of any completed form.
• Witness names and contact details.
• Details of the footwear worn.
• Medical-attendance and treatment records.
• Receipts and documents supporting any claimed financial loss.

Read the separate personal injury evidence guide for information about preserving original photographs, witness details, medical records, expenses and reporting documents.

CCTV, inspection and cleaning records

CCTV may be overwritten under the operator’s retention policy. A prompt written request should identify the precise station, date, time, location and relevant camera area.

The Data Protection Commission states that CCTV containing an identifiable person is personal data. Access rights may apply, but they do not create an unrestricted entitlement to footage containing other people. Redaction or other restrictions may be required.

In a published CCTV-access case, the Commission stated that a controller should preserve footage relating to the specified period until the requester confirms that they are satisfied with the response.

Depending on the circumstances, other relevant material may include inspection records, cleaning records, spill-response records, staff reports and earlier incident records. Whether any record exists, is available or is relevant must be assessed individually.

Vehicle collisions on a forecourt

A collision caused by a moving vehicle is legally and evidentially different from a slip or trip caused by the premises.

Relevant material may include the driver’s identity, vehicle registration, insurance details, photographs, witnesses, dashcam footage, CCTV and Garda reporting information. See the main information on road traffic accident claims.

An incident may involve both premises and vehicle issues. The correct respondent and applicable process therefore require a factual review.

Medical evidence and financial loss

Medical records may help document the injury, symptoms reported, treatment and prognosis. They must also assist in determining whether the incident caused a new injury or affected an earlier condition.

Documents supporting financial loss may include treatment invoices, prescription receipts, travel expenses, payslips and employer confirmation of absence. Retaining a document does not guarantee that the corresponding amount will be recoverable.

Injuries Resolution Board, notice and time limits

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 completed application ordinarily includes the application, applicable processing fee and a medical report from a treating doctor.

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 result in the court drawing appropriate inferences and may affect costs.

Strict limitation periods also apply. In many adult personal injury claims, the general period is two years from the date on which the cause of action accrued or the date of knowledge, if later. An Injuries Resolution Board application and other circumstances can affect the calculation. Case-specific advice should be obtained promptly.

Frequently asked questions

Does a spill automatically make the petrol station liable?

No. The source and duration of the spill, the inspection and cleaning arrangements, warnings, reasonable precautions and the actions of the people involved may all be relevant.

Should a petrol-station accident be reported?

It is sensible to report the incident promptly to the manager or operator and ask for the report number or a copy of any completed form. Read a written account before signing it and correct inaccuracies promptly in writing.

How quickly should CCTV be requested?

As soon as reasonably possible. There is no universal retention period for petrol-station CCTV, and footage may be overwritten under the controller’s policy.

What if a vehicle caused the accident?

Vehicle identity, insurance, Garda reporting and road-collision evidence may become relevant. A vehicle collision should be distinguished from a claim based on the condition of the premises.

Related information

• Slip, trip and fall claims in public places
• Personal injury evidence guide
• Road traffic accident claims
• Injuries Resolution Board process
• Personal injury claims process
• No Win No Fee Explained

Official information

• Law Reform Commission — revised Occupiers’ Liability Act 1995, section 3
• Health and Safety Authority — identifying spill risks
• Health and Safety Authority — entrance slip risks
• Data Protection Commission — guidance on CCTV
• Data Protection Commission — access to CCTV footage case
• 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.