How is contributory negligence assessed in Ireland?

What the Law Says

The Civil Liability Act 1961 sets out how courts must handle cases where the person claiming compensation (the plaintiff) also contributed to their own injury or loss.

Under Irish law, if a person suffers harm but also acted carelessly in a way that contributed to that harm, their compensation may be reduced. This is called contributory negligence.

The court does not dismiss the claim entirely — instead, it decides what share of the responsibility lies with the claimant and reduces the damages awarded by that percentage.

The reduction must reflect the extent to which the claimant’s own fault contributed to the damage or loss. It is not a fixed formula but a matter of judicial assessment based on the facts of each case.

Statutory Text

Where any person suffers damage as the result of an act, neglect or default for which another person is liable in tort, and the said person's own act, neglect or default contributed to the damage, the damages recoverable in respect thereof shall be reduced by such proportion as the court thinks just and equitable having regard to the degree in which the said person was at fault.

— Civil Liability Act 1961, s. 34 — Reduction of damages where person injured is partly to blame

What to Do

Sources