IrelandWhat is the voluntary assumption of risk defence?
Voluntary assumption of risk is a defence in Irish law where a person who freely and knowingly accepts a risk cannot later claim compensation for injury caused by that risk. It is governed by section 34 of the Civil Liability Act 1961.
What the Law Says
The voluntary assumption of risk defence in Ireland is set out in the Civil Liability Act 1961. It applies when a person willingly accepts a known risk and is then injured as a result.
Under Irish law, if someone voluntarily agrees to take part in an activity knowing the risks involved, they may not be able to sue for injuries caused by those very risks. This is called 'voluntary assumption of risk'.
It is not enough that the person was simply aware of a danger — they must have freely and knowingly accepted it. The defence removes or reduces liability for the other party, depending on the circumstances.
This principle is codified in section 34 of the Civil Liability Act 1961, which confirms that consent to risk can bar or limit a claim for damages.
Statutory TextWhere any person suffers damage as a result of his own voluntary assumption of risk, no other person shall be liable in respect of such damage.
— Civil Liability Act 1961, s. 34 — Voluntary assumption of risk
What to Do
Assess whether the injured person knew about the specific risk before agreeing to the activity.
Determine whether their agreement to accept the risk was free from pressure, fraud, or mistake.
Gather evidence such as signed waivers, witness statements, or prior warnings.
Consult a solicitor to assess whether section 34 applies — especially if the activity involved professional duty or public safety obligations.
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.