In recent months we have all been keen to make better use of the great outdoors and enjoy outdoor dining. With many new activities, pedestrian areas and outdoor dining spots opening up, this has meant that the rate of personal injuries and accidents occurring in public places is rising. 

At Martin A. Harvey, as one of the top personal injury firms in Ireland, we have been successful in securing compensation for clients who have had an accident or suffered an injury in a public place.

If you have been injured or had an accident in a public place, you should: 

• Request that the owner of the property or an employee report the accident and document the circumstances, and provide you with a copy of this report;
• Take photos where possible / if appropriate. Make sure you take as many as you can with varying angles to ensure a full picture can be obtained on review;
• If you have been injured, make sure you seek medical help;
• Speak to a solicitor.

If you feel that another party may be at fault following your accident, you should consider: 

1. Did your accident happen in a public place?

This is the most important question you should establish – understanding the environment in which you were injured is vital in establishing who will be held responsible for your injury. By definition, a public place is: 

Any area that is intended for use by members of the public such as a road, outdoor area, vehicle that is carrying persons, or any premises that you have been granted access to by express or implied permission. 

Examples of these usually include pathways, roads and parks that are poorly maintained or have uneven surfaces, are littered with potholes or have obstructions on access routes.

2. Was your accident avoidable?

For a claim to success, you or your legal team must prove that the accident was avoidable, ie: that the organisation in charge of the facility failed to keep the area free of danger to those using it. To prove negligence on behalf of the property administrator, you will need to demonstrate: 

1. That the Local Authority or organisation had an obligation to the public to a) not to do anything or b) failed to anything that would cause you to be injured; 
2. The Local Authority or organisation consciously made a decision that resulted in these points;
3. It could be reasonably expected that an accident would occur as a result of this;
4. That the Local Authority or organisation did not operate the standard of conduct to be expected, thus resulting in the injury.

No matter the circumstance of your accident, personal injuries specialists Martin A. Harvey & Co. are ready and available to provide legal advice that will ensure the best result for you. As a small team, you will be greeted with a friendly and personal service.

Call today (021) 427 1006, freephone 1800 396 396 or email maharvey@martinharvey.ie. We look forward to helping you.