Property Owners’ Liability Claims

Property owners, whether private individuals, businesses, or public bodies, have a legal responsibility to maintain a safe environment for visitors, customers, or passers-by. When they fail to meet this duty, accidents happen, and injuries can have life-altering consequences. At Good & Murray Smith LLP, we have over a century of experience in seeking justice and fair compensation.

What Is a Property Owners’ Liability Claim?

Property owners’ liability is the legal concept that holds property owners or occupiers accountable for injuries that occur on their premises due to negligence. This applies to public, private, and commercial spaces. A property owners’ liability claim is the route to seek compensation for injuries sustained in these circumstances.

Examples include:

• A slip and fall caused by a wet floor in a shop with no warning signs.
• Injuries sustained from broken equipment in a park.
• Tripping on an uneven footpath or stairwell with poor lighting.

In every case, the injured party must show that the property owner failed in their duty to ensure safety.

Common Causes of Premises Liability Accidents

Accidents can happen anywhere due to a lack of proper maintenance, poor safety measures, or outright negligence. Common causes include:

• Slips, trips, and falls: Wet or uneven floors, poorly lit staircases, or cluttered walkways are frequent culprits.
• Falling objects: Items improperly secured on shelves or displays in shops can cause head or bodily injuries.
• Inadequate maintenance: Hazards like broken handrails, cracked pavements, or malfunctioning lifts put visitors at risk.
• Negligent security: Poorly lit areas, lack of security personnel, or inadequate locks can result in criminal attacks.
• Dog bites and animal attacks: Owners who fail to control their pets can be held liable for injuries caused by their animals.
• Public space hazards: Playgrounds, parks, and footpaths often pose dangers if not regularly inspected and maintained.

Types of Property Owners’ Liability Claims

Here are some examples of cases that fall under property owners’ liability:

• Slip and fall accidents: Common in supermarkets, retail stores, and restaurants where spills, wet floors, or tripping hazards aren’t addressed.
• Public space injuries: Accidents in parks, recreational facilities, or on footpaths maintained by councils.
• Hotel or bar injuries: Slips, falls, or burns from hot food or drinks in poorly managed hospitality venues.
• Workplace hazards: Injuries due to poor safety standards in shared office or industrial spaces.

Legal Duties of Property Owners in Ireland

Under Irish law, property owners have a duty of care to maintain their premises and ensure they’re safe for those who enter lawfully. This duty extends to businesses, local councils, and homeowners in certain situations. The main responsibilities include:

• Safe design: Owners should ensure that any structures on their property are safe. 
• Regular inspections: Identifying and addressing potential hazards promptly.
• Clear signage: Warning visitors of any known dangers, such as wet floors or construction areas.
• Adequate maintenance: Keeping walkways, stairs, and lifts safe for use.

Failure to meet these obligations can result in liability if someone is injured as a result.

What Do You Need to Prove in a Property Owners’ Liability Claim?

To succeed in a property owners’ liability claim, you must establish the following:

• Duty of care: The property owner or occupier owed you a legal duty to keep their premises safe.
• Breach of duty: They failed to take reasonable steps to prevent harm.
• Causation: Their negligence directly caused your injury.
• Damages: You suffered actual harm, such as physical injuries, financial losses, or emotional distress.

What Evidence Do You Need?

Solid evidence is crucial to strengthen your claim. This includes:

• Photographs or videos of the hazard and your injuries.
• Witness statements, where possible. 
• Medical reports detailing your injuries.
• Accident reports filed with property owners or managers.
• Receipts or invoices for medical treatment and related expenses.

Time Limits for Filing a Premises Liability Claim

Under the Statute of Limitations, you have two years from the date of the accident, or the date you became aware of your injuries, to file a claim. For children, the time limit begins on their 18th birthday, though parents or guardians can act on their behalf before then.

Public Liability Insurance

While not mandatory in Ireland, most businesses, councils, and property owners carry public liability insurance to cover claims for accidents on their premises. This ensures that injured parties can be compensated without significant delays, even if the property owner cannot pay out-of-pocket.

Can You Claim If the Property Owner Isn’t Insured?

Yes, you can still file a claim even if the property owner doesn’t have public liability insurance. However, this may complicate the process of securing compensation, as the owner may not be able to pay.

Compensation for Property Owners’ Liability Claims

Compensation is typically divided into two categories. There are general damages, covering pain, suffering, and the impact of the injury on your life. Special damages are to reimburse you for out-of-pocket expenses, including medical bills, lost income due to time off work, rehabilitation costs, travel expenses related to treatment, costs of home modifications if necessary.

What Should You Do After an Accident?

If you’ve been injured due to unsafe premises, here’s what to do:

• Report the incident to the property owner or manager immediately.
• Take photographs or videos of the scene and any hazards involved.
• Seek medical attention, even if the injury seems minor.
• Collect contact details for witnesses who saw the accident.
• Keep records of all expenses and communication related to the incident.

Why Choose Good & Murray Smith LLP?

With decades of experience in personal injury law, our team has the expertise and dedication needed to guide you through complex premises liability claims. We offer:

• Personalised service: Tailored advice and support for your unique situation.
• Proven success: A strong track record of securing fair compensation for our clients.
• Expert advocacy: Skilled negotiation and representation, whether settling or going to court.