My mother had a fall in Dublin City Centre last week and broke her kneecap which required surgery and has her out of action for 8-12 weeks. The fall was the result of a pot hole/ditch in the pavement which is used as a public path for crossing in front of a car park.

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I am wondering what would be the wisest first step towards making a claim and how to go about it? I have never made a claim before so I am not sure of the process.

Would we have a case? Is it worth it? Do we contact a solicitor first? The guards? Dublin City Council? The car park?

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Any advise would be greatly appreciated or if more information/clarity needs to be provided I am more than happy to do so.

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FYI the path/road/ground in question is in front of a carpark like the image below. Please note this is not the actual location of where she fell, I am just using the below as an example.

View post on imgur.com


8 comments
  1. > I am wondering what would be the wisest first step towards making a claim and how to go about it?

    Not looking for legal advice on the Internet

  2. I think you can claim against DCC for this, have heard of similar situations with elderly people falling and breaking their wrists on poorly maintained footpaths. Not sure how you go about it though, probably best to talk to a solicitor.

  3. She’d want to consult with a solicitor before doing anything else. The guards have nothing to do with it, as it isn’t a criminal matter, and talking to the other party directly could potentially affect a future legal claim if she does decide to pursue one.

  4. Solicitor. My sister had something similar with an ankle and they settled the case. Took about 2 years altogether

    Edit: take pictures of the location and make sure any related expenses/medical expenses/loss of earning are clearly recorded.

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