Claims Against the Council for Personal Injury or Property Damage

Local councils are responsible for carrying out a lot of ongoing work around the country and their brief is very wide. For the majority of the time, that work carries on without incident but there will inevitably be occasions where something goes wrong.

Claims against the council for personal injury are not uncommon and there have been claims against the council for car damage and other personal property. There are a number of potential circumstances from which council compensation claims can arise.

 

Types of claims against the council

There are many potential instances where you may consider a claim against the council. Incidents may involve personal injury or damage to your vehicle, home or other property. In some cases, there may be claims against the council for personal injury and damage to property at the same time.

Irrespective of whether injury or damage is involved, a claim against a local authority is possible as long as negligence is involved on the part of the council. If it can be proved that the council is at fault, you may be entitled to compensation for a council negligence claim and there are many different circumstances in which this can arise.

 

Causes of accidents where you might want to claim off the council

There are many potential incidents that have led to compensation claims against local councils in the past. Included in the overall list of causes are:

 

  • Potholes or other issues with pavements and/or road surfaces

  • Faulty or inadequate signage

  • Damage caused by council vehicles

  • Poorly maintained public buildings

  • Damage or injury caused by potholes

  • Trip or fall in a council office or other building which is ultimately the responsibility of the local council

  • Damage to property by council workmen

 

This is not an exclusive list and any claim against the council may potentially fall outside of these examples. If you are looking at how to claim off the council for pothole damage or other reasons, please get in touch with an experienced solicitor, irrespective of whether your circumstances are included here.

 

How to make a claim against the council

In the event of an injury or property damage, medical attention should be sought if it is necessary. Moving forward, full details of the incident, including any eyewitness reports, information regarding third party vehicles and so forth should be noted down.

 

A claim can then be submitted, and the ideal option is to appoint a solicitor to act on your behalf. Lawyers are likely to have established relationships with the Dublin city council claims department and any similar body representing other local authorities.

 

If liability is accepted, an out-of-court settlement figure may be offered. Alternatively, it may be necessary to take the matter to court and your solicitor can advise on this point.

 

What to do if you think the council is liable

The council has a legal duty of care to anyone using or passing through their facilities. That care extends to residents, motorists or passers-by who are in the vicinity of council vehicles.

 

If that care is lacking and an injury or damage arises, it may be possible to pursue claims against the council for a fall or any type of personal injury.

 

The council would not be liable if the plaintiff failed to ignore any safety instructions or clearly marked hazards. For example, if a damaged pavement was clearly roped off and warning signs were in place, there is no liability if the injured party failed to follow those warnings.

 

If, however, you believe the council is liable, you can pursue a property damage or injury claim against the council concerned.

 

The MIBI Claim Scheme and what it covers

The initials MIBI stand for Motor Insurers’ Board of Ireland and they are in place to help with uninsured loss recoveries. Essentially, this means that the board has the capacity to meet any compensation costs following personal injury or damage when the third-party vehicle cannot be identified or doesn’t have insurance.

 

The MIBI would rarely intervene in the case of an accident or injury claim against the council but there is some scope for the board to get involved. If, for example, a number of witnesses have testified that a council refuse truck is liable for the incident but the vehicle in question hasn’t been identified, the MIBI may step in.

 

Common Accident Claims

The potential causes of accidents are listed above but what types of claims can they lead to? In terms of personal injury these can include, but are not limited to:

 

  • Minor bruising and soft tissue injuries

  • Broken bones

  • Multiple fractures

  • Serious back and head injuries

 

There is a very broad spectrum here but, in short, any injury where the local authority is deemed to be responsible can lead to a claim against the council.