What is a Council Footpath Claim?
Footpath claims are made against local authorities where their failure to maintain the footpath caused your injury. Councils have a statutory duty to maintain roads and footpaths in a reasonably safe condition. The two-year personal injury limitation applies, but the Civil Liability Act and the Occupiers’ Liability Act combine with council-specific notice requirements to make early action critical.
Am I Entitled to Claim?
You can claim if the council failed to maintain the footpath to a reasonable standard and you were injured as a result. Courts look at the depth of the defect, how long it was there, whether it was marked or fenced, whether complaints had been made, and the council’s inspection schedule. Defects greater than 25 mm are generally considered actionable, though smaller defects can qualify in context.
Step-by-Step Process
Photograph on the Day
Photograph the defect with a ruler or coin showing its size. This evidence is often decisive.
Report to the Council
File a report with the local authority. Keep the reference number.
Statutory Notice
We serve formal notice on the council. Deadlines are short, so contact a solicitor early.
Medical Care
Attend A&E or GP. Document the injury and mechanism precisely.
Evidence Gathering
We obtain council inspection records through Freedom of Information.
Claim Resolution
Council claims go through the IRB. Contested cases proceed to court.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Photos of the hazard, surface, or defect that caused the accident
- The incident report you filed with staff at the location
- Names and contact details of any witnesses
- CCTV footage request made in writing within days of the accident
- Weather records if weather was a factor
- Medical records from A&E, your GP, and follow-up specialists
- Receipts for any out-of-pocket costs including damaged clothing
- Photograph of the defect with a ruler showing depth
- Council complaint reference number
- Freedom of Information request results showing council inspection history
Compensation Ranges
Based on the Judicial Council’s Personal Injury Guidelines 2021. Awards may also include special damages for lost earnings, medical costs, and future care needs. Exact value depends on your specific injury.
Frequently Asked Questions
There is no absolute rule, but Irish courts generally take a defect of 25 mm or more as actionable. Smaller defects can qualify if they are in a high-traffic area, poorly lit, or in a location where pedestrians reasonably expect smoother surfaces.
Most councils defend initially and assess on receipt of medical evidence. They consistently argue the defect was not dangerous or not their responsibility. With good photographs and FOI evidence of inspection failures, settlement usually follows.
Yes. We obtain them through Freedom of Information requests at the start of most footpath claims. Councils keep structured inspection schedules and gaps in them are often critical to proving liability.
The council is usually still responsible for the footpath even if the damage was caused by trees or utility contractors. We identify any additional liable parties, such as utility companies, and include them where appropriate.
Two years from the date of the accident or the date you first became aware of the injury. Miss it and your claim is statute barred, so contact a solicitor early.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.