Public liability claims declined by 40% from the start of 2019 to the end of 2023, according to research published by the Injuries Resolution Board.

The report was produced in collaboration with EY Economic Advisory and draws on data from over 30,000 claim applications for injuries sustained by visitors to businesses and public spaces. The five-year period examined includes the Covid-19 pandemic as well as the introduction of the personal injuries guidelines in 2021 recommending lower awards for many injuries and new anti-fraud measures..

The total value of public liability awards made between 2019 and 2023 was almost €130 million, with the total value of awards made in 2023 almost €20 million or 37 per cent lower than 2019.

The most common cause of accidents are falls on the same level, accounting for 15,000 claims and €90m of compensation. Close to half of all trip, slip and fall accidents occurred on roads and footpaths. Pedestrian injuries due to unsafe walking environments resulted in over 6,000 claims between 2019 and 2023. That outnumbered collisions with motor vehicles which resulted in 3,412 claims.

This shows the “significant personal and economic cost of unsafe walking environments”, the board said.

IRB pointed out that, although these injuries tended to be less severe, their frequency was nearly double, equating to over €9 million in compensation in 2023.

Dr Lauren Swan (IRB head of research and policy) said that the report provided a better understanding of which demographic groups were at higher risk of sustaining injuries in business and public spaces.

“The report highlights the significant impact of outdoor falls on older adults, with more than half of this age group sustaining moderate to severe injuries.

“Our research contributes to a growing body of evidence showing that not all accidents are experienced equally, underscoring the need for enhanced protective measures to mitigate the risk of accidents,” she stated.

While adults over 65 account for 15% of the population, according to the 2022 Census, this age group represented 21% of all public-liability claims and 31% of claims related to outdoor falls from 2019 to 2023.

Welcoming the report, Dara Calleary, the minister of state for trade promotion, digital and company regulation, said, “Reports such as this offer us key insights as legislators and public policy makers into the prevailing trends in personal injuries that impact on a wide variety of Irish life in areas such as tourism, business supports, and agriculture.

“The introduction of the Personal Injuries Resolution Board Act in 2022, and the extension of the Board’s functions to research, has enabled the Board to better utilise their valuable data to bring transparency to the personal injuries area.

“(The) report shows the inroads being made in terms of insurance reform with the overall cost of claims in this area down significantly but also highlights the very real impact accidents can have at an individual level and enables us to learn from this in terms of prevention.

“The reduction in the cost of claims needs now to be passed on to policy holders. The government’s insurance reform plan has transformed the operating environment of insurance in Ireland. Policy holders need to see this reflected in their premiums.”

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.