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Injured in a Car Park: Who Is Responsible and Can You Make a Claim?

Injured in a Car Park: Who Is Responsible and Can You Make a Claim?

Car parks, whether at supermarkets, shopping centres, office blocks or apartment complexes are often overlooked as accident hotspots. But the truth is, accidents in car parks are surprisingly common, and the injuries they cause can be just as serious as those sustained on the road or at work.

So, if you’ve slipped on a wet surface, tripped on uneven paving, or been hit by a vehicle in a car park, what are your rights?

At Martin A. Harvey & Co. Solicitors, we’ve represented many clients in personal injury claims arising from car park incidents across Ireland. Here’s what you need to know.

Types of Car Park Accidents

Accidents in car parks can take many forms, such as:

  • Slip and fall on wet or icy surfaces, oil spills, or moss-covered walkways
  • Trip and fall on broken kerbing, uneven surfaces, or unmarked hazards
  • Vehicle collisions, often at low speeds but still capable of causing injury
  • Pedestrian impacts where a moving car strikes a person walking to or from their vehicle
  • Falling objects such as unsecured signage or debris in multi-storey car parks

Even if the accident seems minor at first, injuries can be long-lasting, particularly whiplash, back strain, or head trauma from falls.

Who Is Liable for Car Park Injuries?

This is often the most confusing part for clients: who is legally responsible?

Liability may fall on:

  • The owner or occupier of the car park (e.g. a retail chain, private landlord, local authority)
  • third-party contractor responsible for maintenance, lighting or cleaning
  • Another driver, if the injury was caused by a moving vehicle

Under Irish law, property occupiers have a duty of care to visitors, which includes keeping the premises safe and well-maintained. This duty is outlined under the Occupiers’ Liability Act 1995.

If they fail to keep the car park safe, for example, by not gritting ice, failing to repair damaged surfaces, or not warning of hazards, they may be held liable for injuries caused.

Proving Negligence in a Car Park Claim

To bring a successful claim, you’ll need to prove that:

  1. The party in control of the premises owed you a duty of care
  2. That duty was breached through action or inaction
  3. You suffered injury as a direct result of that breach

At Martin A. Harvey & Co., we help clients gather the necessary evidence, which may include:

  • CCTV footage (where available)
  • Photos of the scene
  • Witness statements
  • Maintenance records (if accessible)
  • Medical reports

The sooner you act, the easier it is to preserve this evidence.

What Should You Do After a Car Park Injury?

If you’re injured in a car park, take the following steps as soon as possible:

  1. Seek medical attention even if the injury seems minor
  2. Report the accident to the car park manager or business
  3. Take photos of the hazard and surrounding area
  4. Get contact details for any witnesses
  5. Keep receipts for any related expenses (travel, medication, physio)
  6. Speak to a solicitor to assess if you have a claim

Timing is key. You generally have two years to make a personal injury claim in Ireland, but exceptions may apply, especially in cases involving minors.

Can You Claim Compensation

Yes. If your injury was caused by someone else’s negligence, you may be entitled to claim compensation for:

  • Pain and suffering
  • Medical expenses
  • Loss of earnings
  • Travel costs
  • Future care or rehabilitation needs

Your claim will typically begin with the Personal Injuries Assessment Board (PIAB). Our team will handle this process on your behalf and advise you on whether to accept or reject PIAB’s assessment.

Learn more about how the PIAB process works here.

Why Choose Martin A. Harvey & Co. for Your Claim?

We’ve been helping clients across Cork and Ireland with personal injury claims since 1936. Our approach is:

  • Experienced: Deep knowledge of occupiers’ liability and PIAB procedure
  • Client-focused: We keep you informed and supported every step of the way
  • Results-driven: Our aim is always to achieve the best possible outcome for you

Injured in a Car Park? Talk to Us Today

Don’t wait until it’s too late. If you’ve been hurt in a car park accident, whether by slipping, tripping, or being struck by a vehicle, we can help you understand your rights and take action.

📞 Contact Martin A. Harvey & Co. Solicitors today to arrange a confidential consultation with an experienced personal injury solicitor.

We’ll explain your options, handle the legal process, and work to secure the compensation you deserve.

Delayed Injuries After an Accident: Can You Still Make a Claim?

As experienced personal injury solicitors, one of the most common questions we hear at Martin A. Harvey & Co. is:
“Can I still claim compensation if my injury didn’t appear right away?”

The short answer is yes, delayed injuries can still form the basis of a personal injury claim in Ireland, but they often require careful documentation, legal expertise, and prompt action.

Whether you’ve been in a road traffic accident, workplace incident, or slip and fall, it’s crucial to understand your rights, timelines, and what to do next.

What Are Delayed Injuries?

A delayed injury is one where the symptoms don’t present immediately after the accident but instead develop in the hours, days, or even weeks that follow.

This delay is quite common, especially in high-stress or adrenaline-filled situations where the body masks pain and trauma.

Common Delayed Injuries After an Accident

Some of the most frequently reported delayed injuries include:

  • Whiplash
    Soft tissue damage in the neck or shoulders often appears a day or two after a car crash.
  • Concussions or Mild Traumatic Brain Injuries
    Headaches, dizziness, memory issues, or fatigue may not be immediately noticeable.
  • Internal Injuries
    Internal bleeding or organ damage can develop subtly and become dangerous if not treated.
  • Back Injuries
    Herniated discs or muscular strains can flare up days after the incident.
  • Psychological Trauma (PTSD, anxiety, depression)
    Emotional distress may emerge well after physical injuries have healed.

Even if the injury is not visible or was not initially reported, it does not mean you’re ineligible for compensation.

Why Do Some Injuries Take Time to Show?

Adrenaline mask: After an accident, your body may go into shock or release adrenaline, which temporarily hides pain.

Slow progression: Certain injuries, especially to soft tissue or joints, may only become painful as swelling or inflammation increases.

Delayed diagnosis: You may not realise the extent of an injury until medical tests or specialist evaluations are completed.

Can You Still Make a Personal Injury Claim in Ireland?

Yes, Irish law allows for personal injury claims based on delayed symptoms, provided they can be medically and legally connected to the original accident.

However, it is critical that you:

  • Seek medical attention as soon as symptoms appear
  • Document all treatment and medical records
  • Consult a solicitor early to preserve your legal rights

Even if time has passed, you may still be within the legal time limits.

What Is the Time Limit for Making a Claim?

In most personal injury cases in Ireland, you have two years from the date of the accident to start your claim.

However, in cases of delayed injuries, the two-year time limit may begin from the “date of knowledge” the point at which you first became aware (or should have become aware) that:

  • You were injured
  • The injury was related to the accident
  • Another party may be at fault

This nuance is provided under the Statute of Limitations, but it can be complicated, so we strongly recommend seeking professional legal advice as soon as possible.

Learn more about time limits for personal injury claims at Citizens Information.

Proving Delayed Injuries in a Personal Injury Claim

To build a successful claim for a delayed injury, you will need:

  • A clear medical report linking the injury to the original accident
  • Witness statements, if available, that confirm the nature of the incident
  • Photos or video evidence of the accident scene (if available)
  • A detailed record of when symptoms began and how they progressed
  • Proof of expenses, such as treatment costs, loss of earnings, or rehabilitation

At Martin A. Harvey & Co., we work closely with medical professionals and accident reconstruction experts to support your case with strong, objective evidence.

What Should You Do if Symptoms Appear Later?

If you begin to feel unwell or notice injury symptoms days after an incident, it’s important to act quickly:

  1. Seek medical care immediately, even if the injury seems minor.
  2. Inform your GP or treating physician that the injury may be related to a specific accident.
  3. Report the incident (if you haven’t already) to the appropriate authority, your employer, Gardaí, or property manager.
  4. Contact a solicitor who specialises in personal injury claims for advice.

Waiting too long could hurt your case, not just in legal terms, but in documenting the injury and connecting it to the original cause.

Why Choose Martin A. Harvey & Co. Solicitors?

With over 80 years serving Cork and surrounding areas, our firm is deeply experienced in handling personal injury claims, including those involving delayed or complex injuries. We offer:

  • Expert legal advice tailored to your circumstances
  • A client-first approach with regular updates and honest guidance
  • A proven track record of negotiating fair settlements and pursuing successful court outcomes

We handle the legal side so you can focus on recovery.

Concerned About a Delayed Injury? We Can Help.

If you’re experiencing pain, discomfort, or psychological symptoms after an accident, even if it’s been days or weeks, don’t assume it’s too late to act.

Contact Martin A. Harvey & Co. Solicitors today for trusted legal advice. We’ll assess your case, explain your options, and guide you through the next steps.

+353-(0)21-4963400

maharvey@martinharvey.ie

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