Falls on raised paving slabs, potholes in footpaths and broken service covers are usually claims against the local council or a utility company. The law on council liability is narrower than most people expect, and this page explains where it draws the line.
Sometimes. In Irish law a local council, as road authority, is generally not liable for simply failing to repair a public road or footpath. This old common law rule is known as "nonfeasance".
A council can be liable where it, or a contractor working for it, did something that created or worsened the danger, known as "misfeasance": a trench filled in badly, a patch repair that left a raised lip, or a kerb lowered unevenly.
The Oireachtas tried to change this in 1961. Section 60 of the Civil Liability Act 1961 would have made road authorities liable for failing to maintain a public road, subject to defences, but it has never been brought into force.
Section 2(3) of the Roads Act 1993 keeps the existing rule, and that Act's definition of a road includes footpaths and pavements.
Not every hazard on a pavement belongs to the council. Utility companies and their contractors open footpaths to lay pipes and cables, and if the reinstatement left a dip or a raised edge, the claim may lie against them.
A shop forecourt, a private car park or the paths of an apartment complex are usually private property, where the owner's duty comes from the Occupiers' Liability Act 1995.
Our article on public liability claims against county councils goes into more detail.
Photographs with measurements decide many of these claims, because the size of the defect and its cause are what the other side will dispute. Go back as soon as you can, before any repair, and:
Write to the council within one month, as section 8 of the Civil Liability and Courts Act 2004 requires. Then read how the Injuries Resolution Board works.
A trip on a footpath often means a fall onto outstretched hands, and wrist fractures can take months to settle. Keep a record of every appointment and expense from the first week.
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We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its personal injury work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
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Nonfeasance means failing to act, such as never repairing a footpath that has worn away over the years. Misfeasance means doing something badly, such as resurfacing a footpath and leaving a raised edge. A council is generally liable only for misfeasance.
Because the rule that would have changed this, section 60 of the Civil Liability Act 1961, has never been commenced, and section 2(3) of the Roads Act 1993 preserves the older law. Unless the Government brings section 60 into force, the nonfeasance rule stands.
The company that opened the footpath, or its contractor, is responsible for putting it back safely.
If a sunken trench or an uneven cover caused your fall, the claim may be against that company rather than the council. Paint markings and the shape of the repair often show that works were done there.
Then the owner or the business in control of it is the occupier under the Occupiers' Liability Act 1995, and the nonfeasance rule does not apply.
As a visitor you are owed the common duty of care, which can include keeping the path in reasonable repair.
Photographs taken before the repair are the strongest evidence, so take them as early as you can. If the repair has already happened, dated photographs from friends or neighbours, and witnesses who knew the defect, can still show what was there.
You can still claim, but the court looks at the care you took for your own safety. If you were partly to blame, compensation is reduced in proportion under section 34 of the Civil Liability Act 1961.
No. Like any respondent, the council has 90 days to say whether it agrees to the Board assessing the claim or to mediation. If it refuses, or either side rejects the assessment, the Board issues an authorisation and the claim can go to court.
Two years from the date of the fall, or from the date you knew about the injury if later, under the Statute of Limitations (Amendment) Act 1991. The letter to the council must go within one month of the fall.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
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