News & Info

Although speeding, distracted driving and driving under the influence remain the leading causes of road traffic accidents, hazardous road conditions can also play a part in causing collisions.

When these conditions are as a result of negligence, there may be a question around liability.

Accidents rarely happen in a perfectly straightforward way. In many personal injury cases, more than one person may share responsibility for what happened. A common concern for someone who is injured is whether they can make a claim for compensation if they were partly at fault.

Under Irish law, the answer is often yes. This is where the legal principle of contributory negligence becomes important.

Solicitor Maria Lakes says it’s a question she is frequently asked.

“We regularly advise people who are unsure if they can claim, because they believe they contributed to the accident in some way. But in many cases, compensation may still be possible, because there might be another party who was also partly responsible for what happened.

“They may still be eligible for compensation, it just might be a reduced amount,” explains Maria.

What is contributory negligence?

Contributory negligence is where an injured person is found to have contributed to the cause of an accident, or severity of their injuries, through their own actions or because of a failure to take reasonable care.

This does not necessarily prevent a claim from succeeding. Instead, it may reduce the amount of compensation awarded to reflect the injured person’s share of responsibility.

In Ireland, contributory negligence is governed by the Civil Liability Act 1961. The courts will examine the circumstances of the accident and determine the extent to which each party was responsible.

How does contributory negligence affect compensation?

If contributory negligence is established, compensation is usually reduced by a percentage that reflects the injured party’s level of fault.

For example:

• If a claimant is awarded €50,000 in damages but is found to be 20% responsible for the accident, the final compensation award may be reduced to €40,000.
• If the claimant is found to be 50% responsible, the award may be reduced by half.

Each case is assessed individually, and the percentage reduction will depend on the specific facts of the situation and evidence available.

Examples of contributory negligence

Here are some examples of contributory negligence in personal injury cases:

• A pedestrian may have crossed the road carelessly, but a driver may also have been speeding.
• An employee may have made a mistake or not followed safety procedures, but inadequate training or unsafe workplace conditions may also have contributed to the accident.
• A person may have slipped in a supermarket while distracted, but the property owner may also have failed to address a dangerous hazard.

Other examples are where the actions of the injured party may have contributed to the severity of the injuries sustained.

This includes:

• failing to wear a seatbelt
• not wearing personal protective equipment (PPE) at work
• not wearing a bicycle helmet when cycling.

Again, these factors do not automatically prevent a claim from succeeding, but they may affect the amount of compensation awarded.

Maria explains:

“Being partly responsible for an accident or injuries does not necessarily mean you lose your right to compensation altogether. The key question is whether another party also failed in their duty of care and contributed to the accident or your injuries.”

“Liability is often more complex than it initially appears,” says Maria, “and this is why it is always so important to speak to a specialist personal injuries solicitor as soon as possible. They will advise you on the specifics of your case, help you gather supporting evidence and to get the best possible outcome for you.”

If you have been injured in an accident and are concerned that you were partly responsible for what happened, talk to us for legal advice. Our experienced personal injury solicitors can assess your case and explain whether you may still be entitled to compensation.