Brigid's Story: A Gap in Responsibility

A temporary fix that wasn't temporary, and a permanent fix that never came — leaving one woman with an injury and two liable parties

Brigid was walking along a familiar public path in Kerry on a Tuesday afternoon when the ground simply gave way. The path had been excavated weeks earlier for repairs — temporary barriers and a makeshift surface had been put down. But the contractors had removed their temporary work without the council completing the permanent repairs. The excavation was still there, unmarked and uncovered, waiting for work that hadn't happened yet.

She fell hard, fracturing her wrist and badly bruising her hip. The first few weeks were painful, but the emotional weight came next. Hospital visits, physio appointments, and the realisation that she couldn't do the work she normally did. Someone had to be responsible for this. Someone had to answer for leaving a hole in a public path.

The investigation revealed what Brigid suspected: both the contractor and the local council had failed in their duty. The contractor removed temporary protection without ensuring permanent safety measures were in place. The council failed to supervise the site properly or complete the permanent repairs on schedule. Neither organisation had communicated clearly about who would finish the job. The result was that a dangerous hazard was left unguarded in a place where members of the public had every right to walk safely.

What the Law Says

Property owners and local councils have a legal duty to keep public paths safe. This duty applies even if the path is being repaired. When temporary safety measures are removed, permanent ones must be ready to take their place — there can be no gap. If someone is injured because this duty was breached, they have a right to claim compensation. Both the contractor doing the work and the council responsible for the path can be held liable if they both contributed to the danger.

⚠️ Important: Time Limits for Your Claim

You have three years from the date of your injury to start legal proceedings for a personal injury claim related to a pothole or path defect. If you've already waited some time, don't delay further. The three-year deadline is strict, and once it passes, you lose the right to claim entirely. If the injured person is a child, the three-year clock starts from their 18th birthday. Get legal advice as soon as possible to protect your right to compensation.

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