Contributory Negligence in Ireland Can I claim if the accident was partially my fault
Personal Injury

Contributory Negligence in Ireland: Can I claim if the accident was partially my fault?

3 minute read

Determining who is at fault in an accident that leads to injury can be complex. Even seasoned personal injury solicitors may require time to investigate the matter thoroughly. While it may initially appear that the injured party is to blame for their own misfortune, a closer look at the facts may reveal otherwise.

In Ireland, you might be able to claim even if you were partly to blame for an accident and the damages that followed.

What is Contributory Negligence?

Contributory negligence is a legal principle that comes into play when the injured party, also known as the plaintiff, has contributed to their own injury by acting negligently in known conditions. In such cases, you may still be eligible for compensation, albeit a reduced amount.

In most instances, the reduction corresponds to the degree of your own negligence, expressed as a percentage. For instance, if it’s determined that you were 75% at fault and another party was 25% at fault, your compensation would be reduced by 75%.

This principle is commonly invoked in various types of personal injury claims, including road traffic accidents, workplace accidents and public liability claims.

Examples of contributory negligence

One of the most cited examples of contributory negligence in Ireland is the failure to wear a seatbelt during a road traffic accident. Other examples include not wearing a helmet while cycling, not adhering to accepted safety procedures at work and behaving irresponsibly as a pedestrian.

What if an accident was both my fault and the fault of several others?

The concept of assigning a percentage of fault to the injured party can also apply when multiple parties are responsible for the injuries. In such cases, the liability is divided among the various defendants and, if contributory negligence is a factor, the plaintiff, according to their respective percentages of fault.

Seek professional legal advice

It’s not uncommon for individuals to mistakenly believe they were solely or partially responsible for an accident. It’s crucial to consult a qualified personal injury solicitor before accepting any form of liability or deciding not to pursue compensation.

We are expert personal injury solicitors

Our personal injury department is among the most active in the Republic of Ireland and we’ve assisted countless individuals in securing compensation. Many of our clients initially thought they had no viable claim due to self-blame. However, after an initial consultation with our expert team, they found they were eligible for compensation.

Our personal injury claims team is based in Dublin, Wicklow & Wexford

If you have been involved in an accident and you have questions about liability, Contact Us for arrange an initial consultation.

Or, you can visit Personal Injury Claims to learn more about this service.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.


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