IrelandI was injured by a pothole on a public road. Can I claim?
Yes, you may be able to claim compensation if the road authority failed to maintain the road properly and their negligence caused your injury.
What the Law Says
The Civil Liability Act 1961 sets out the legal framework for personal injury claims arising from negligence in Ireland.
Under Irish law, public road authorities — such as local county or city councils — have a duty to maintain roads in a reasonably safe condition for users.
If a pothole causes injury and the authority knew or should have known about the defect but failed to repair it, they may be held liable.
Liability depends on whether the authority breached its duty of care — that is, whether their failure to inspect or repair was unreasonable in the circumstances.
Statutory Text2.—(1) Where damage is caused by the fault of any person, that person shall be liable to pay damages in respect of the damage so caused.
— Civil Liability Act 1961, s. 2 — Liability for damage caused by fault
What to Do
Take clear photos of the pothole, your injury, and the surrounding area (including road signs and landmarks).
Report the pothole to the local council immediately — keep a copy of the report and reference number.
Seek medical attention and retain all records, receipts, and reports related to your injury.
Gather witness contact details if anyone saw the incident.
Consult a solicitor experienced in personal injury claims within two years — the general time limit to start court proceedings.
Sources
Same Question, Other Jurisdictions
UK
JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.