Ireland

I was partially responsible for my injury. Can I still claim?

s. 34
Relevant section
1961
Act year
Proportional
Reduction type
Fair share
Court's role
The Short Answer

Yes, you can still claim compensation in Ireland even if you were partly responsible for your injury — the court will reduce your award proportionally under the Civil Liability Act 1961.

What the Law Says

Irish law recognises that people injured in accidents may share some responsibility for what happened. The Civil Liability Act 1961 sets out how courts handle such cases.

Under section 34 of the Civil Liability Act 1961, if you are injured and your own negligence contributed to the harm, you can still bring a claim — but the amount of compensation you receive will be reduced 'in proportion to the degree in which the person so injured or damaged was at fault'.

This is called 'contributory negligence'. The court decides how much responsibility lies with you versus the other party — for example, 20% with you and 80% with them — and reduces your award accordingly.

The law applies to all personal injury claims in Ireland, including road traffic accidents, workplace injuries, and slips and falls, as long as negligence is involved.

Statutory Text

Where any person suffers damage as the result of an act, neglect or default of another and the act, neglect or default is one in respect of which proceedings may be brought against that other person for damages, then, if the person suffering the damage is himself guilty of any act, neglect or default which contributed to the damage, the damages recoverable in respect of the damage shall be reduced by such proportion as the court thinks just and equitable having regard to the degree in which the person so injured or damaged was at fault.

Civil Liability Act 1961, s. 34 — Contributory negligence

What to Do

1

Gather evidence showing how the injury happened (e.g., photos, witness statements, medical reports).

2

Keep records of all expenses linked to the injury (e.g., medical bills, lost wages).

3

Consult a solicitor experienced in personal injury law in Ireland.

4

Be honest about your own actions — your solicitor will help assess how section 34 may apply.

5

Do not delay: the general time limit to start a personal injury claim in Ireland is 2 years from the date of injury or knowledge of it.

Sources

Not 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.