Civil Liability Act 1961

Number 41 of 1961

CIVIL LIABILITY ACT 1961

REVISED

Updated to 31 July 2023

This Revised Act is an administrative consolidation of the Civil Liability Act 1961. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 41 of 1961

CIVIL LIABILITY ACT 1961

REVISED

Updated to 31 July 2023

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and collective citation.
2.	Interpretation generally.
3.	Adaptation of references to repealed Acts.
4.	Savings.
5.	Repeals.

PART II

Survival of Certain Causes of Action on Death

6.	Definition (Part II).
7.	Survival of certain causes of action vested in deceased person.
8.	Survival of certain causes of action subsisting against deceased person.
9.	Time limit in respect of causes of action which survive against estate of deceased person.
10.	Insolvency of estate against which proceedings are maintainable.

PART III

Concurrent Fault

Chapter I Liability of concurrent wrongdoers

11.	Persons who are concurrent wrongdoers.
12.	Extent of liability.
13.	Joinder of defendants.
14.	Judgments to be several.
15.	Judgment by default.
16.	Discharge and estoppel by satisfaction.
17.	Release of, or accord with, one wrongdoer.
18.	Judgment against one wrongdoer.
19.	Judgment in favour of one alleged wrongdoer.
20.	Limitation of actions against one of concurrent wrongdoers.

Chapter II Contribution between concurrent wrongdoers

21.	Contribution in respect of damages.
22.	Contribution claimed by settling tortfeasor.
23.	Enforcement of judgment for contribution.
24.	Contribution in respect of costs.
25.	One wrongdoer omitted from claim for contribution; contribution in respect of contribution.
26.	Contribution where property is restored to its owner.
27.	Procedure for claiming contribution.
28.	Distribution of loss on failure to obtain satisfaction.
29.	Estoppel when contribution is claimed.
30.	Legal incidents of claim for contribution.
31.	Limitation of actions for contribution.
32.	Evidence and appeals.
33.	Contribution to be regarded as damages.

Chapter III Contributory negligence

34.	Apportionment of liability in case of contributory negligence.
35.	Identification.
36.	Set-off of claims.
37.	Estoppel in case of contributory negligence.
38.	Liability of concurrent wrongdoers where plaintiff guilty of contributory negligence.
39.	Bankruptcy of one wrongdoer.
40.	Special findings.
41.	Courts of limited jurisdiction.
42.	Costs in cases of contributory negligence.

Chapter IV General

43.	Application to breaches of strict duty.
44.	One-sided periods of limitation.
45.	Restitution.
46.	Maritime cases.

PART IV

Fatal Injuries

47.	Definitions (Part IV).
48.	Action where death caused by wrongful act, neglect or default.
49.	Damages.
50.	Sums not to be taken into account in assessing damages.
51.	Adaptation of references to Fatal Accidents Acts, 1846 to 1908.

PART IVA

Liability For Negligence of Good Samaritans, Volunteers and Volunteer Organisations

51A.	Interpretation (Part IVA).
51B.	This Part not applicable to existing causes of action.
51C.	This Part not applicable to motor accidents in public places.
51D.	Protection of good samaritans from liability for negligence.
51E.	Protection of volunteers from liability for negligence.
51F.	Protection additional to any other protection under other law.
51G.	Volunteer organisations and duty of care.

PART IVB

Periodic Payments Orders

51H.	Interpretation (Part IVB).
51I.	Award of damages by periodic payments.
51J.	Security of periodic payments order.
51K.	Alteration of method of payment.
51L.	Indexation of periodic payments.
51M.	Assignment, commutation or charging of right to periodic payments.
51N.	Appeals.
51O.	Application of this Part.

PART V

Amendments of the Workmen’s Compensation Acts, 1934 Tο 1955

52.	Definitions (Part V).
53.	Amendments of section 60 of the Act of 1934.
54.	Amendment of section 61 of the Act of 1934.

PART VI

Amendment of the Air Navigation and Transport Act, 1936

55.	Re-enactment, with amendments, of section 18 of the Act of 1936.

PART VII

Miscellaneous

56.	Abolition of last opportunity rule.
57.	Abolition of defences.
58.	Wrongs to unborn child.
59.	Liability of Minister for Finance for negligent use of mechanically propelled vehicle.
60.	Liability of road authority for failure to maintain public road.
61.	Proof of claims for damages or contribution in bankruptcy.
62.	Application of moneys payable under certain policies of insurance.
63.	Costs in certain actions in which the plaintiff is an infant.

SCHEDULE

Enactments Repealed

Acts Referred to
Air Navigation and Transport Act, 1936	1936, No. 40
Statute of Limitations, 1957	1957, No. 6
Workmen’s Compensation Act, 1934	1934, No. 9
Irish Bankrupt and Insolvent Act, 1857	1857, c. 60
Adoption Act, 1952	1952, No. 25
Workmen’s Compensation Act, 1934	1934, No. 9
Workmen’s Compensation (Amendment) Act, 1953	1953, No. 25

Number 41 of 1961

CIVIL LIABILITY ACT 1961

REVISED

Updated to 31 July 2023

AN ACT TO REFORM THE LAW RELATING TO CIVIL LIABILITY, PROVIDING IN PARTICULAR FOR THE SURVIVAL OF CAUSES OF ACTION ON DEATH, FOR PROCEEDINGS AGAINST AND CONTRIBUTION BETWEEN CONCURRENT WRONGDOERS AND FOR LIABILITY IN CASES OF CONTRIBUTORY NEGLIGENCE, TO PROVIDE FOR DAMAGES FOR THE BENEFIT OF THE DEPENDANTS OF ANY PERSON FATALLY INJURED BY THE WRONGFUL ACT, NEGLECT OR DEFAULT OF ANOTHER, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING. [17th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Application of limitation periods in Act restricted in certain circumstances (10.04.2023) by Garda Síochána (Compensation) Act 2022 (33/2022), ss. 23(1), (2), 24(1), (3), S.I. No. 163 of 2023.

Proceedings on foot of authorisation under Act of 2003

23. (1) A claimant may bring proceedings against the Garda Commissioner on foot of an authorisation issued by the Personal Injuries Assessment Board under the Act of 2003, and such proceedings shall be subject to this Part and to the Act of 2003 as applied by Part 5.

(2) The proceedings referred to in subsection (1) shall be brought not later than 6 months after the date of issue of the authorisation.

...

Additional provisions regarding proceedings

24. (1) The proceedings referred to in section 23 shall, subject to this Act and the Act of 2003 as applied by section 19 and with any necessary modifications, be deemed to be a personal injuries action for the purposes of any enactments relating in whole or in part to personal injuries actions (including the Act of 2004) and shall be treated as if they were a personal injuries action within the meaning of those enactments, including for the purposes of costs.

...

(3) Notwithstanding subsection (1)—

(a) the Statute of Limitations (Amendment) Act 1991 and any enactment regarding limitation periods (other than this Act and the Act of 2003 as applied by section 19), and

(b) subject to section 23 (7)(f), the Act of 1961,

shall not apply to the proceedings referred to in section 23.

Application of Act extended (6.02.1997) by Merchant Shipping (Liability of Shipowners and Others) Act 1996 (35/1996), s. 22, S.I. No. 215 of 1997.

Construction of reference in 1974 Convention to law of the court.

22.—The reference to the law of the court in Article 6 of the 1974 Convention shall be construed as a reference to the Civil Liability Act, 1961.

Application of Act extended (1.02.1987) by Control of Dogs Act 1986 (32/1986), s. 21(4), S.I. No. 16 of 1987.

Liability of owner for damage by dog.

21.—...

(4) (a) Any damage or injury for which a person is made liable under this section shall be deemed to be attributable to a wrong within the meaning of the Civil Liability Act, 1961, and the provisions of that Act shall apply accordingly.

(b) Sections 11 (2) (a) and 11 (2) (b) of the Statute of Limitations, 1957, shall apply to such damage.

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Civil Liability Act 1961