Introduction to Local Authority Claims
Wherever you live in Ireland, your local area will have a designated Local Authority. Typically this will be a City Council or County Council. Each of these Local Authorities is tasked with managing the needs of the region.
A Local Authority Claim (sometimes referred to as a City Council Claim or County Council Claim) involves seeking compensation for injuries caused by a Council or Local Authority’s negligence or wrongdoing.
If you have been injured in a public place, contact Cantillons Solicitors about making a Personal Injury Claim.
What Do Local Authorities Do?
Local Authorities play a crucial role in the governance and administration of their specific geographical area. The key functions and responsibilities of a Local Authority include:
- Roads / Footpaths / Transportation
Local Authorities manage local transportation infrastructure, including roads and footpaths.
- Public Areas
Local Authorities are involved in managing parks and green spaces within their jurisdiction. Councils may also have responsibility for the upkeep of playgrounds, public carparks, green areas, street lights, drainage, public buildings (libraries etc.) and sport facilities.
- Public Services
Local Authorities are responsible for providing and overseeing a range of public services within their jurisdiction. This includes services like waste collection, recycling, street cleaning, drainage and maintenance of public spaces.
- Housing
Local Authorities are involved in housing policies, managing social housing, and addressing homelessness.
What are the common causes of Personal Injury Claims against the Council or Local Authorities?
There are several causes of claims against Local Authorities in Ireland. In our experience, the majority of claims arise out of the following:
- Road Condition Claims
Unfortunately, Irish roads have a notorious reputation for being of poor standard. This can be because of lack of local funding, poor design, improper maintenance, poor repair work and even bad training of road crews.
Whatever the reason, if you are injured because of poor road conditions, you may be entitled to bring a Personal Injury Claim.
- Substandard Repairs
Within each Local Authority, there are teams dedicated to the maintenance and repair of public areas. This includes the maintenance and repair of footpaths, walls, fencing and playgrounds. It is the responsibility of the Local Authority to ensure that these teams have adequate training and equipment and that they carry out the work to the appropriate standard.
If repairs are carried out to a poor standard, and you suffer an injury as a result, then you may be entitled to bring a Personal Injury Claim. For example, if a trench is dug in a path to lay a new pipe, the infill of that trench should not result in a lip, which might cause a person to fall.
- Employees of Local Authorities who sustain Injuries at work
Councils employ staff and are responsible for their safety.
An accident at work claim arises when an employee of the Local Authority suffers a personal injury (be it a physical or psychological injury), and the accident was because of an employer’s negligence or breach of duty. It is also possible to make a claim if an employee is partially to blame for the incident, and this will be referred to as “contributory negligence”. This does not preclude an employee from bringing a claim, however, it may reduce the value of the claim.
Local Authorities must take reasonable action to protect the health and safety of those they employ. A Local Authority is legally obliged to protect employees while working, including when they are working off-site. The working environment must be safe. Staff must be competent and provided with adequate safety training. Where equipment is required, a Local Authority must ensure it is suitable and in good working order.
Many workplace accidents could be prevented if employers took greater care of their employees, and ensured that their health and safety obligations to protect their employees are met.
If a Local Authority has been negligent and/or breaches these health and safety obligations, and an employee suffers an injury as a result, then the employer may be eligible to bring a compensation claim for the personal injury suffered. Please see our page on Work Place Accident Claims.
- Accidents in Local Authority buildings such as libraries, Civic Offices, and Courthouses
County Councils, as the owners and occupiers of public buildings, owe, in summary, a duty to ensure, as far as reasonable and practicable, that their property does not contain any hazards or traps which might cause an injury to visitors. For example, County Councils should not leave a floor so wet after mopping that a visitor would trip and suffer an injury.
How to determine if you have a Personal Injury Claim against the Council or Local Authority?
To determine if you have a Personal Injury Claim against your Local Authority, City Council or County Council, you should first contact a Personal Injury Solicitor, such as Cantillons Solicitors.
Your Personal Injuries Solicitor will assist you in determining the validity and strength of your Personal Injury Case.
When assessing your case, your Personal Injury Solicitor will look at the following:
- The location of your accident to establish who is responsible,
- The events surrounding your accident,
- The cause of the accident,
- The extent of your injuries,
- How the accident and injuries have impacted on you.
What can you claim in a Personal Injuries Claim against the Council or Local Authority?
When making a claim against the Council or Local Authority, you are claiming compensation for your pain and suffering (both physical and psychological) as a result of the personal injury, together with your out-of-pocket expenses (to date and into the future).
For example, compensation claims take into account expenses which have been incurred, including:
- Medical bills from Doctors, Hospitals and Physiotherapists,
- Medication expenses,
- Loss of earnings,
- Travel costs,
- Home adjustments related to your injuries: safety rails, ramps, etc.
What types of Personal Injury Claims can be made against the Council or Local Authority?
Personal Injury Claims against a Council or Local Authority can arise from incidents like slips and falls on poorly maintained public spaces, accidents due to defective road conditions/foot paths, or injuries caused by negligent actions of the County Council or Local Authority.
How to make a claim against the Council or Local Authority in Ireland
If you are injured on property owned or managed by a Council, then you may be able to bring a Compensation Claim. The following steps should be undertaken if you wish to bring a claim against a Council or Local Authority:
- Tell the Council or Local Authority office
After you have received the required medical attention, you should report the accident.
- Gather Information
To assist with making the Personal Injuries Compensation Claim, you should gather certain information, including:
a.Witness details
Collect the names and contact details of anyone who witnessed the accident.
b. Photographs
If you are in a position to take photos of the area where the accident occurred (for example, the uneven ground upon which you tripped), you should do so. However, your health is the priority, and you should seek medical attention in the first instance. It is always possible to return and take pictures at a later date. If someone is with you at the time, ask them to take photos.
If signage (e.g. a wet floor sign) or lack of signage is an issue that led to your accident, then ensure you photograph this too.
You will also need photographs of your injuries. We recommend taking these before and after treatment. Also, take photos in the following days.
c. Expenses
If you have incurred expenses as a result of your accident, keep all receipts and bills, as these will have to be included in your claim.
- Contact a Claims Solicitor experienced with claims against Councils and Local Authorities.
When you are well enough, you should contact a Personal Injuries Solicitor. A Solicitor who is experienced in claims against the Council (such as Cantillons Solicitors) will be able to guide you through the claim process.
What are the legal time limits for claims against a local authority?
There are strict time limits within which personal injury actions must be taken. Generally speaking, the time limit is two years but on occasions, the time limits may be shorter or longer.
If you have suffered an injury, you should contact a member of our team as soon as possible.
Speak To Cantillons Solicitors, Local Authority Claims Solicitors Today
At Cantillons Solicitors we have a proven track record in helping our clients with claims against County Councils and City Councils.
We have launched proceedings for clients who have suffered injuries as a result of defective footpaths, defective roads and due to Local Authority negligence. We have also acted for a number of Local Authority employees injured during the course of their work.
If you are considering making a personal injury claim against your Local Council, Cantillons Solicitors can help. Call us at Cork +353 (0)21 4275673 or Dublin +353 (0)1 264 1802, or email us at info@cantillons.com for more information.
Our offices are located at 39 South Mall, Cork and 31-36 Ormond Quay Upper, Dublin. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you or conduct the meeting on Zoom.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. You might come across Personal Injury Solicitors who portray themselves as ‘no win no fee’ Solicitors Cork or ‘no win no fee’ Solicitors Dublin. These terms can be misleading, and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we pride ourselves on being entirely transparent about our processes and fees.
