Slip and Trip Claims in Ireland
Slip and trip incidents can occur on footpaths, in shops, supermarkets, service stations, workplaces and other premises.
An accident does not automatically establish liability. The circumstances, the condition of the premises, the occupier’s response, medical causation and supporting evidence all matter.
Slip and trip claims in public places and premises
This page is the main guide to slip and trip claims involving premises and public places. More specific information is available about footpath accident claims, supermarket accident claims and service-station accident claims.
Possible accident circumstances include spills, wet or contaminated floors, broken or uneven surfaces, poorly maintained steps, objects obstructing a route, inadequate lighting and absent or ineffective warnings. The existence of a defect or hazard does not by itself establish liability. It is necessary to identify who controlled the relevant premises, the legal status of the entrant, the precautions taken and how the condition caused the accident.
Evidence to preserve
Evidence that may be relevant includes:
- the exact location, date and time of the accident;
- photographs or video showing the condition, its surroundings, lighting and any signs or barriers;
- an incident report and the details of the person to whom the accident was reported;
- the names and contact details of witnesses;
- available CCTV footage and a prompt request that relevant footage be preserved;
- inspection, cleaning, maintenance or repair records where relevant;
- receipts, tickets or other records showing presence at the location;
- medical-attendance and treatment records; and
- documents recording expenses or loss of earnings attributed to the injury.
The availability and importance of each item will depend on the premises and the circumstances. Evidence should be recorded and preserved promptly where possible.
Occupiers’ liability
Under section 3 of the Occupiers’ Liability Act 1995, an occupier owes a visitor the common duty of care: to take such care as is reasonable in all the circumstances to prevent injury or damage caused by a danger on the premises. The assessment can include the care reasonably expected from the visitor and, where relevant, the supervision or control exercised by a person accompanying the visitor.
The 2023 amendments require the circumstances to be considered more specifically. Relevant factors can include the probability that a danger existed, the probability and likely severity of injury, the practicability and cost of precautions and, where applicable, the social utility of the activity giving rise to the risk.
The amendments also address other entrant categories and risks willingly accepted by a person capable of understanding their nature and extent. The correct duty depends on the person’s status and the circumstances of entry. No single factor or the fact that an accident occurred automatically establishes liability.
Speak with Lalloo Solicitors about a personal injury matter
Medical evidence and causation
Medical evidence should record the symptoms reported, examination findings, diagnosis, treatment and prognosis. It should address whether the accident caused a new injury or aggravated an earlier condition.
An earlier injury or medical condition should be disclosed accurately. Its existence does not by itself determine the claim, but the medical evidence must distinguish the earlier condition from any change attributed to the slip or trip.
Injuries Resolution Board process
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 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.
Time limits
Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.
Official information
- Irish Statute Book — Occupiers’ Liability Act 1995, section 3
- Irish Statute Book — Courts and Civil Law (Miscellaneous Provisions) Act 2023, section 40: visitor-duty factors
- Irish Statute Book — Courts and Civil Law (Miscellaneous Provisions) Act 2023, section 41: other entrant categories
- Irish Statute Book — Courts and Civil Law (Miscellaneous Provisions) Act 2023, section 42: voluntary assumption of risk
- Injuries Resolution Board — How to make a claim
- Injuries Resolution Board — Frequently asked questions
- Irish Statute Book — Civil Liability and Courts Act 2004, section 7
- Irish Statute Book — Personal Injuries Assessment Board (Amendment) Act 2019, section 7