Garda Síochána Act 2005

Chapter 7

Liability

48

Liability for certain acts of members of Garda Síochána.

48.— (1) Where a member of the Garda Síochána commits an actionable wrong in the course of performing the member’s functions under this Act—

( a) the State is liable to an action for damages in respect of damage resulting from the wrong as if the State were the employer of the member, and

( b) the member is, for the purposes of such liability, deemed to be the servant of the State in so far as the member was acting in the course of performing his or her functions under this Act.

(2) In proceedings brought against the State by virtue of this section, the plaintiff need not name as a defendant the member or members of the Garda Síochána alleged to have committed the actionable wrong.

(3) Nothing in this section affects any right of the State to—

( a) join an individual member of the Garda Síochána as a defendant to proceedings in respect of an actionable wrong to which this section applies, or

( b) recover contribution or seek indemnity from an individual member of the Garda Síochána who is, or who, if sued at the time of the commission of that wrong, would have been, liable in respect of the same damage.

(4) This section applies to proceedings initiated after the commencement of this section.

(5) This section does not apply to a wrong committed by the use of a mechanically propelled vehicle belonging to the State.

(6) In this section—

“actionable wrong” means a tort or breach of a constitutional right, whether or not the wrong is also a crime and whether or not the wrong is intentional;

“damage” includes loss of property, loss of life and personal injury;

“damages” includes exemplary damages and aggravated damages;

“personal injury” includes any disease and any impairment of a person’s physical or mental condition.