Forensic Services

Forensic engineers play a crucial role in determining the cause of an accident, analyzing factors that contributed to the incident, and providing expert testimony or reports for legal or insurance purposes.

Brandon OBrien Ltd work alongside solicitors, insurance companies, and Gardaí to investigate accidents.

We apply our specialist engineering knowledge when carrying out accident scene analysis. Our on-site investigations can lead to the determination of speed, point of impact, pedestrian location, direction of travel and other contributing factors to assist in accident reconstruction.

We provide detailed reports which may be used to advise and assist clients in assessing liability between parties or used in court or for insurance claims. We provide expert testimony in court if the case goes to trial.

Workplace accidents are governed by various health and safety acts and regulations, including but not limited to :

• The Safety, Health, and Welfare at Work Act, 2005
• The Safety, Health and Welfare at Work (General Application) Regulations 2007
• The Safety, Health and Welfare at Work (Construction) Regulations 2013.

Employers should ensure a reasonably safe workplace, system of work and work equipment. Employees should carry out their work in a reasonably safe manner in accordance with the instruction and training provided.

Brandon O’Brien Ltd investigates accidents at work by analyzing the cause and circumstances surrounding the incident. The primary focus is to determine whether the accident was caused by a failure in equipment, system, design, human error, or some other factor. We have extensive experience in reviewing and assessing accidents at work. We have industry specific knowledge across a wide range of sectors including; retail, construction, agriculture, healthcare and hospitality.
After the investigation, we provide detailed reports explaining our findings. These reports may be used in case of a claim for compensation, insurance claims or as part of legal proceedings.

Brandon OBrien Ltd may provide recommendations on how to prevent similar accidents in the future, which can help improve safety procedures, training, or design processes.

Slips trips and falls are among the most common accidents and are the second highest cause of non-fatal accidents in the workplace *.

We apply our extensive knowledge of engineering principles, safety standards and materials science to assess the circumstance surrounding an incident.

We often serve as expert witnesses in legal proceedings. If the case goes to court, we may present our findings to explain the cause of the accident, and how the conditions violated safety standards, or contributed to the fall. We help courts understand complex technical details, breaking down the facts in a clear, understandable way.

After determining the cause, we often provide recommendations on how to prevent future incidents. This could include suggesting improvements to surfaces (e.g., adding non-slip coatings), recommending better lighting or signage or proposing changes to building design or maintenance procedures.

* HSA Annual Review of Workplace Injuries, Illnesses and Fatalities 2020–2021

Occupiers’ Liability Act 1995 refers to the legal duty of care owed by occupiers of premises to those who enter their property, ensuring that the premises are safe and free from hazards. This is especially relevant in the context of accidents or injuries that occur on someone else’s property. Forensic engineers may be involved in determining whether the occupier met their legal obligations.

The primary legal framework for occupiers’ liability in Ireland comes from the Occupiers’ Liability Act 1995, which consolidates and updates the previous common law rules. This Act defines the duty of care owed by occupiers to people entering their property.

• Occupiers owe a duty of care to those on their premises, whether they are invited guests, employees, or even trespassers.
• The standard of care depends on the status of the visitor. A lawful visitor (someone who is invited or has permission to be on the premises) is owed a higher duty of care, meaning the premises must be reasonably safe for their intended purpose.
• For trespassers, the duty of care is lower, but the occupier is still prohibited from deliberately causing harm.

The determination of what is “reasonable” is critical to these incidents. Case law is a valuable tool and indicator as to the view of the courts to accidents which come under the Act. We have extensive experience in assessing such accidents and we have developed a comprehensive suite of applicable case law. Our analysis can help determine whether the occupier was negligent in maintaining a safe premises.

Examples of forensic engineering involvement:

• Slip, trip, and fall accidents: We may assess the condition of flooring, lighting, signage, or any other environmental factors that could have contributed to a fall.
• Structural failures: If an injury results from a collapse or structural failure (e.g., a faulty staircase or balcony), we can assess whether the construction or maintenance was up to code.
• Defective equipment or installations: If equipment (e.g., elevators, gates, or machinery) cause injury, we can evaluate the design, installation, and maintenance to assist in determining responsibility.

Accidents in Public Places controlled by local authorities are subject to a specific assessment criteria, significantly different to that applied to accidents which come under Occupiers’ Liability. The concepts of misfeasance and nonfeasance are very important in this regard. Our many years of practice in this area have enabled us to develop a keen understanding of assessing such accidents under consideration of these principles.

At its simplest misfeasance applies to installations which are in a hazardous condition due to normal wear and tear. Nonfeasance applies to installations which are in a hazardous condition due to a shortcoming in design and/or construction.

We carry out a detailed site survey, establish engineering facts and provide a detailed report setting out our findings and conclusions on the nature of the hazard present, the cause of formation and likely responsible entities.

Building Disputes can manifest for many and varied reasons. Construction is complicated with many intermingling trades involved. Many different materials and construction skills are combined to construct a building. The potential for significant design and construction errors are numerous.

Cost overruns, substandard workmanship and inadequate materials are the primary reasons for disputes. The roles and responsibilities of architects, engineers, contractors, tradesmen and clients in the delivery of a building are critical considerations in determining liability in such disputes. Poor quality work by builders and inadequate supervision by professionals are common concerns in this regard.

We have extensive professional experience in assessing such disputes and providing expert opinion on roles and responsibilities. We can provide expert testimony, analysis, and reports that are important in resolving disputes between property owners, contractors, and insurers.

Boundary disputes typically arise due to conflicting interpretations of land boundaries, often related to property ownership, fencing, rights of way, or land development. We, at Brandon O’Brien Ltd, use our expertise to provide technical assessments and evidence-based opinions, which can be beneficial in resolving these disputes.

We can analyze property lines, survey maps, and historical land records. We use advanced GPS equipment to accurately measure and establish boundaries based on physical markers, historical maps, or legal documents.

If the dispute involves infrastructure or structures (e.g., a fence, wall, or building), we may inspect the physical integrity of structures, assess whether they were constructed within the proper boundaries, and determine if there was any encroachment.

We review historical property documents, deeds, aerial photographs, and old surveys to help reconstruct the original boundaries. This is crucial when legal documents are unclear or conflicting.

Brandon OBrien Ltd provides expert testimony in court to support claims regarding boundary locations. We explain technical details in an understandable way, offering insight into how boundaries should be determined based on evidence and engineering standards.