IE
(LRC Revised)
Statutory Text (1 Articles)
Number 41 of 1961
CIVIL LIABILITY ACT 1961
REVISED
Updated to 31 July 2023
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
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Adaptation of references to repealed Acts.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. [17
th August,
1961.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering text)
C1
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
.
C2
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
.
C3
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.
Annotations
Modifications (not altering text)
C1
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
.
C2
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
.
C3
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.
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
Number
41
of
1961