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Stefan's Story: Broken Kerb Outside Shopping Centre

Dublin — A trip and a fall led to a successful claim against Dublin City Council

Stefan was walking along the pavement outside a busy shopping centre in Dublin on an ordinary Saturday afternoon. The kerb where he was standing had broken away over time, leaving an uneven surface where pedestrians like him had to step. Without warning, his foot caught on the raised edge of the broken kerb. He lost his balance and fell hard onto the pavement, injuring his arm and shoulder. Shaken and in pain, Stefan had to be helped up by a stranger. It was clear the kerb had been damaged for some time — the broken edge was smooth from years of wear.

Stefan's injuries meant time off work and physical therapy. He began to wonder whether someone should be responsible for fixing that kerb and, more importantly, whether they should pay for the harm it caused. He looked into his rights and learned that public roads and their pavements are maintained by the local authority. In Dublin, that responsibility falls to Dublin City Council. The broken kerb wasn't an accident — it was a hazard that should have been repaired or at least properly managed.

Stefan gathered evidence: photographs of the broken kerb, medical records of his injuries, and witness accounts from people nearby who saw the fall. He documented how long the damage had been visible, showing negligence rather than a sudden, unavoidable problem. Dublin City Council had a legal duty to maintain the pavement in a safe condition. A broken kerb that had been deteriorating for months was a breach of that duty. Liability was established, and Stefan received compensation for his injuries, medical costs, and lost earnings.

What the Law Says

Local authorities in Ireland, including Dublin City Council, have a legal duty under the Roads Act 1993 to maintain public roads and pavements in a safe condition for pedestrians. When a person is injured because of a failure to maintain these surfaces — such as a broken kerb, pothole, or uneven pavement — the council can be held liable for compensation. The injured person must show that the damage existed for long enough that the council should have known about it and repaired it. If the hazard was visible and had been present for a reasonable length of time, negligence can be established. This is a claim in negligence, and the council has a responsibility to either fix the problem or manage the risk to the public.

⏰ Important: Time Limits

You have three years from the date of your injury to bring a claim for personal injury in Ireland. This deadline is strict. If you wait longer than three years, you will lose your legal right to claim compensation, even if your claim would otherwise be successful. If your injury was to a child, the three-year period usually starts from their 18th birthday. Do not delay — contact a solicitor as soon as possible after your injury to protect your rights.

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