Accidents on Poorly Maintained Public Footpaths

A trip down the road shouldn’t leave you injured—but loose paving, raised kerbs, or broken surfaces on public footpaths can cause serious falls when they’re left unrepaired. These hazards often appear in places you walk every day, and when the council or responsible body doesn’t maintain the area properly, the consequences can be painful and long-lasting.

At John O’Leary Solicitors LLP, we’ve spent over 20 years helping people in Tallaght and across Dublin who’ve been injured in places they should have felt safe. We understand how frustrating it is when a simple walk turns into weeks of discomfort, hospital visits, or time off work. We take these claims seriously—and handle them with the care and attention they deserve.

You’ll deal directly with a local solicitor who listens, explains things clearly, and follows through. No run-around. No legal jargon.

If you’ve been injured due to a poorly maintained public footpath, and you believe it could have been avoided, contact John O’Leary Solicitors LLP today to speak with someone who knows the area and knows how to help.

How and Where These Accidents Happen

Footpath injuries often happen in places that people walk every day—on routes they know well and expect to be safe. The hazards aren’t always dramatic, but they can be dangerous when left unaddressed. In most cases, these injuries result from preventable issues that develop over time but are ignored or left to worsen. Below are the most common settings and causes.

Common Locations for Footpath-related Injuries

  • Residential estates and housing developments:In older or less-maintained estates, footpaths are often uneven, with cracked surfaces or missing sections. Driveway aprons and transitions from private to public paths are frequent problem areas, especially when boundaries are poorly marked or surfaces have subsided.
  • Urban and suburban kerbs and crossings:In town centres and at junctions, kerbstones may be misaligned, cracked, or sunk. Where dropped kerbs are installed for wheelchair access or prams, the slope is sometimes too steep or damaged by repeated vehicle overrun. Poor repairs can leave an edge that catches toes, wheels, or sticks.
  • Pathways around schools, health centres, and shops:These are high-traffic areas often showing signs of wear, erosion, or tree-root damage. Trip hazards become harder to spot when leaves, puddles, or poor lighting obscure uneven levels or surface defects. With older paving, the surface can be slippery when wet or cracked around manhole covers.
  • Bus stops, Luas routes, and train stations:Commuters moving quickly through confined spaces are more likely to be injured by sunken tarmac, broken kerbs, or raised surfaces where previous works have failed. Footpaths close to loading zones or cycle tracks can deteriorate quickly and may not be prioritised for repair.
  • Access points and laneways:Footpaths at access points—such as entrances to shops, car parks, apartment complexes or public toilets—often have mixed ownership and inconsistent maintenance. Manhole covers, metal grates, and bollards may not be secured properly, while tarmac infill can sink or crack under pedestrian load.

Types of Hazards Leading to Injury

  • Loose or unstable paving slabs:These shift underfoot and are especially dangerous in wet conditions when people expect grip. They may rock or create gaps that catch heels, mobility aids, or prams.
  • Cracked or eroded tarmac:Where footpaths have been patched multiple times, the result is often uneven ground with pothole-like dips. These surfaces degrade quickly after frost, rain, or heat, particularly when the underlying base is not compacted correctly.
  • Raised or sunken edges:Differences of 20–40mm between two slabs or between a path and a kerb can easily trip someone, especially if it’s not clearly visible or positioned in a narrow walkway.
  • Slippery moss, algae, or water pooling:Poor drainage, leaf buildup, or neglected surfaces often result in slippery films that develop over time. These are especially common under trees or along walls with no sun exposure.
  • Post-work deterioration:Utility reinstatements—where tarmac or concrete has been laid following water, gas, or telecom works—may sink if not installed correctly. Defects often appear within months but can go unreported or be dismissed as “temporary.”

When and Why These Defects Become Dangerous

These issues don’t develop overnight. Most footpath hazards are the result of small failings allowed to accumulate. Over time:

  • Movement from repeated foot or vehicle traffic makes gaps worse
  • Poor weather accelerates surface wear
  • Grass, moss, or debris conceal the problem
  • Public reports may go unanswered or inspections missed
  • Minor defects evolve into dangerous ones

Many of these locations are walked daily by older people, schoolchildren, or parents with buggies. Where a fall happens, it often results in hand, wrist, ankle, or hip injuries, particularly when there’s nothing to break the fall.

Who Is Legally Responsible for Public Footpath Maintenance?

Responsibility for keeping public footpaths safe falls to whoever controls the surface. In most cases, that’s the local authority. But in reality, responsibility can be shared or passed to utilities, contractors, or even private occupiers, especially when the footpath borders commercial or shared-use spaces. Knowing who had control at the time of the accident is essential to establishing a valid claim.

Local Authorities and Councils

Most public footpaths fall under the care of your local authority, such as South Dublin County Council (SDCC), Dublin City Council (DCC), or another county council, depending on location. Their duty includes:

  • Regular inspection of public footpaths
  • Responding to complaints or reports of hazards
  • Prioritising and completing repairs in a reasonable timeframe
  • Keeping a record of inspections, risk ratings, and scheduled works

Councils are not expected to catch every defect immediately, but they must have a functioning system for identifying and addressing dangerous conditions. Where no inspection has occurred, or a complaint was ignored, liability may arise.

Inspections are usually carried out on a rolling schedule. If a path was inspected shortly before your fall and no issues were recorded, or if the hazard appeared after that date, you may still have a claim, but the timeline becomes critical.

Utility Providers and Roadworks Contractors

If a footpath was disturbed for utility works (such as ESB, Irish Water, or telecom cabling) the party carrying out the work may be responsible for the condition of the surface afterward. These entities are required to:

  • Restore the surface to council-approved standards
  • Use correct materials and compaction methods
  • Monitor reinstated surfaces for signs of failure
  • Carry public liability insurance for work-related incidents

Problems often occur where a temporary fix (e.g. cold tarmac) is left in place too long or where sub-surface settling leads to sunken reinstatement. If the defect that caused your injury relates to recent works, responsibility may fall on the utility provider or its subcontractor, not the council.

Commercial and Mixed-Use Frontages

Footpaths directly outside commercial premises—like cafés, shops, or car parks—can fall into a grey area, especially where:

  • The shop or owner has modified the surface (e.g. new tiles, ramps, displays)
  • A licence has been granted by the council for outdoor seating or signage
  • The path is partially integrated into a private development (e.g. shared access road, pedestrian forecourt)

In these cases, the occupier may owe a duty of care if they’ve altered or maintained the surface, or if the council has licensed them to manage the area.

Where an accident happens on the margin between public and private space, careful location tagging (e.g. using a lamppost number, Eircode, or business name) helps identify the responsible party.

Schools, Churches, and Community Buildings

Paths outside institutional buildings can present confusion where the boundary between council-owned paths and privately maintained accessways isn’t obvious. For example:

  • A cracked footpath inside a school’s grounds may be the school’s responsibility
  • A broken kerb along the main road may still be under council care
  • A footpath shared between a church and adjoining car park may be subject to a usage agreement or maintenance clause

The exact location of the defect and the status of the land determines whether liability lies with the public authority or the occupier.

Shared Liability Situations

In some cases, more than one party may be responsible. For example:

  • A council fails to inspect or repair a defect worsened by recent utility work
  • A business creates a trip hazard outside their unit, but the footpath was already damaged
  • A contractor carries out poor reinstatement and the council fails to follow up

Where responsibility is unclear or shared, your solicitor will investigate maintenance records, licensing agreements, and photographic evidence to determine who had control.

Legal Criteria That Must Be Met for a Footpath Injury Claim

Even when the surface looks dangerous or the injury is serious, a claim won’t succeed unless certain legal tests are met. These are the core standards the law applies to determine whether someone was at fault. For footpath accidents involving local authorities or utilities, the criteria are especially strict.

Foreseeability and Preventability

To succeed in a claim, you need to show that the hazard was one the responsible party should have known about, and that they had a fair chance to fix it before the accident happened.

This usually involves:

  • Demonstrating the defect was clearly visible or reported
  • Showing that it had existed for long enough to be picked up on inspection
  • Proving the council or utility had time to respond but didn’t

Councils and service providers are not expected to act instantly but they are expected to respond within a reasonable timeframe once a danger becomes known or discoverable.

Public complaints, prior incidents, or inspection logs can all support the argument that the problem wasn’t new, and that it should have been addressed before your injury.

Causation: Proving the Defect Caused the Injury

You must show that the footpath defect directly caused your injury. This means more than just falling near a crack or bump. You need to prove:

  • The hazard physically caused you to trip, twist, or fall
  • The injury you sustained matches the mechanics of that fall
  • The defect was the key factor—not something else (e.g. rushing, rain, phone use)

Helpful evidence includes:

  • Medical records that match the timing and nature of the injury
  • Photographs taken immediately afterward
  • Eyewitness confirmation
  • Documentation showing how the fall occurred (email to council, incident note, personal record)

If causation is unclear or another explanation is possible, the claim may be challenged even if the defect exists.

Reasonable Use of the Footpath

The law considers how the injured person was using the path at the time. For a claim to proceed, you generally must have been using the footpath in a normal and foreseeable way:

  • Walking to work or school
  • Walking a dog or pushing a buggy
  • Using a cane, walking aid, or wheelchair
  • Approaching a shop, crossing a street, or entering a housing estate

If the person was running, on a scooter, or wearing unsuitable footwear, the claim may still proceed but the court may reduce the award if the behaviour contributed to the injury.

Use must be both lawful and ordinary. Entering a construction area or ignoring safety tape can make a claim much harder to pursue.

Trivial or Minor Defect Defence

One of the most common defences councils raise is that the defect was “trivial” or not actionable,” that is, too minor to require repair.

Irish courts have accepted this defence in some cases involving:

  • Height differences under 20–25mm
  • Surfaces where unevenness was visible and easily avoidable
  • Well-worn areas that pose no greater risk than general street conditions

Whether a defect is legally actionable depends on:

  • The size and shape of the hazard
  • Its location (e.g. narrow footpath, school entrance, bus stop)
  • How visible or hidden it was (e.g. obscured by puddle, leaves, or poor lighting)
  • The profile of users (e.g. high pedestrian volume, elderly or mobility-impaired users)

To counter this defence, accurate photographs taken shortly after the incident can be vital.

Contributory Negligence

Even where the defect is real and caused the fall, the council may argue that the injured person was partly to blame. This is known as contributory negligence. If accepted, it reduces (but doesn’t eliminate) any compensation.

Examples include:

  • Running on a wet or uneven path
  • Wearing high heels or flip-flops in poor conditions
  • Looking at a phone while walking
  • Failing to notice obvious warning signs or cones

The court will decide how much responsibility lies with each party. Reductions of 20–40% are common where some fault lies with the injured person.

If the hazard was serious, foreseeable, and directly caused your injury during reasonable use, and you weren’t entirely at fault, then your claim may proceed.

What to Do After a Footpath-related Injury

What you do in the hours and days following a footpath injury can strongly affect whether your claim succeeds. Small steps taken early on can preserve vital evidence and establish a clear link between the accident and the defect that caused it. Here’s what matters most.

1. Photograph the Scene in Detail

Take clear, well-lit photographs of the exact defect that caused your fall. Do this as soon as possible—before the surface is repaired, cleaned, or affected by weather. Include:

  • Multiple angles and distances
  • Close-up shots of the crack, rise, or hole
  • A visible reference for scale—such as a coin, shoe, or ruler
  • Landmarks or street features (lamppost, shopfront, kerb number) to prove location
  • Wide shots showing surrounding area for context

If you’re unable to take the photos yourself, ask a friend or family member to return to the spot and document it properly.

2. Get Medical Treatment and Keep Your Records

Even if your injury seems minor at first, attend your GP, a walk-in clinic, or A&E. Clearly explain what caused your injury (e.g. tripped on loose paving, twisted ankle on a raised slab). Request:

  • A copy of your GP or hospital notes
  • X-rays, scan results, or prescriptions
  • Referral letters for physiotherapy or follow-up treatment
  • Medical certificates for time off work

Consistent medical records will help establish that your injury happened as described and that it wasn’t caused elsewhere.

3. Notify the Local Authority or Responsible Body

Once you’ve received treatment and documented the scene, report the incident. Include:

  • The exact location (e.g. street name, Eircode, nearby building, pole number)
  • A short, factual description of what happened
  • Photographs of the defect
  • The date and time of the fall
  • A brief outline of your injuries

Submit your report in writing—by email or online form—and keep a copy of everything. If you don’t receive a response, follow up again within a week.

If you believe the surface was disturbed by recent works, consider reporting it to the relevant utility provider as well (e.g. Irish Water, ESB Networks).

4. Record the Impact on Your Daily Life

Start a simple record of how the injury is affecting you. This doesn’t have to be formal—just keep it accurate:

  • Time missed from work (with employer confirmation if possible)
  • Medical costs (GP fees, prescriptions, physio)
  • Disruption to childcare, commuting, or mobility
  • Any help received from family or friends
  • Pain levels, sleep disruption, or ongoing symptoms
  • A log of follow-up appointments and recovery milestones

These notes will support any claim for out-of-pocket losses or ongoing impact.

Time Limits for Public Footpath Claims in Ireland

If you’ve been injured on a public footpath, you have two years from the date of the accident to begin your claim. That means lodging your application with the Injuries Resolution Board within that time frame. If the deadline passes without action, your right to claim may be lost entirely.

This two-year period applies to most adults from the day of the incident. For children under 18, the time limit doesn’t begin until their 18th birthday. A parent or guardian can bring the claim at any point before that. Where the injured person lacks legal capacity—due to a cognitive condition or medical issue—the time limit is paused until capacity is regained, if ever.

Even if you believe you have plenty of time left, delay brings risk. Local authorities and contractors may resurface the area quickly. Once repaired, the defect becomes harder to prove. Council inspection logs or reinstatement records may be overwritten or discarded within weeks. CCTV, if relevant, could be deleted in a matter of days.

Witnesses forget details, and the longer you wait, the more likely it is that physical and digital evidence disappears—or becomes harder to rely on. Early legal advice gives you the best chance of preserving what matters while it’s still fresh.

If you’re unsure how much time you have left, or whether your case qualifies under the rules, it’s best to act now rather than later.

Contact a Solicitor Experienced in Footpath Injury Claims

If you’ve been injured on a public footpath and believe the accident could have been prevented, John O’Leary Solicitors LLP can help. With over 20 years’ experience handling local authority claims, we offer practical, straight-talking legal advice. Contact us today to protect your position before crucial evidence disappears.