If you have been injured in an accident and are considering a claim, you may have come across the term contributory negligence. It is natural to worry about what this means, particularly if there is any suggestion that you may have played some part in what happened. The most important thing to understand is that being partly at fault does not prevent you from making a claim. It may reduce the amount of compensation you receive, but in most cases, you are still entitled to recover a significant portion. At Michael Boylan Litigation, we support clients through every aspect of this process and work to ensure that any finding of contributory negligence is kept to the absolute minimum.
What Is Contributory Negligence?
Contributory negligence is a legal principle that applies when the injured person is found to have contributed, in some way, to the accident that caused their injury, or to the severity of that injury. It does not mean that you caused the accident. It means that something you did, or did not do, played a part in what happened or in how seriously you were hurt.
This principle is set out in Section 34 of the Civil Liability Act 1961, which provides that where a claimant is found to have been partly responsible, their compensation should be reduced by an amount that is just and equitable, based on their degree of fault.
Importantly, contributory negligence is a partial defence. It does not defeat your claim entirely. It simply means the court or the Injuries Resolution Board will adjust the compensation to reflect each party's share of responsibility.
How It Affects Your Compensation
The impact of contributory negligence on your compensation is proportional. If you are found to be a certain percentage at fault, your compensation is reduced by that same percentage.
For example:
If your total compensation is valued at €100,000 and the court finds you were 20% at fault, your award would be reduced to €80,000.
If the finding is 50% contributory negligence, your award would be reduced to €50,000.
The percentage is determined by the court based on the specific facts of your case and the evidence available. It is not a fixed formula. This is why having experienced legal representation matters: your solicitor's role is to present the evidence in a way that minimises any finding of contributory negligence and protects your entitlement to the fullest compensation possible.
Common Examples of Contributory Negligence
Contributory negligence arises in many different types of personal injury claims. Some of the most frequently encountered examples in Ireland include:
Not wearing a seatbelt: If you were injured in a road traffic accident and were not wearing a seatbelt at the time, the court may find that your injuries were more severe than they would have been had you been properly restrained. This typically results in a reduction of 15% to 25%.
Not wearing a helmet: A cyclist or motorcyclist who was not wearing a helmet at the time of an accident may face a similar reduction.
Failing to follow workplace safety procedures: If your employer provided safety equipment or training that you did not use or follow, this could be raised as contributory negligence in a workplace injury claim.
Crossing the road without due care: A pedestrian who steps into traffic without checking for oncoming vehicles may be found partly responsible for a collision.
Delayed medical treatment: If you did not seek medical attention promptly after an accident, and this delay worsened your injuries, the other side may argue that you contributed to the severity of your condition.
Not following medical advice: If a doctor recommended a course of treatment or rehabilitation and you did not follow it, this could be used to argue that your recovery took longer than it should have.
Each of these examples depends entirely on the facts and evidence of the individual case. A finding of contributory negligence is never automatic, and it can be challenged.
How a Solicitor Works to Minimise Contributory Negligence
A finding of contributory negligence is not inevitable, even where the other side raises it. Your solicitor plays a critical role in gathering and presenting the evidence needed to challenge or reduce any allegation of shared fault. This may involve:
Obtaining detailed witness statements that support your account of what happened.
Securing CCTV or dashcam footage that shows the circumstances of the accident.
Commissioning expert medical evidence to demonstrate that your injuries were caused by the accident, not by any delay or omission on your part.
Challenging the other side's assumptions about what you should or could have done differently in the circumstances.
The court assesses contributory negligence based on what a reasonable person would have done in the same situation. Your solicitor will ensure that the assessment takes full account of the realities you faced, including the shock and confusion that often follow an accident.
How the Liability Split Is Decided
In practice, contributory negligence is usually addressed during settlement negotiations before a case reaches a full court hearing. The defendant (or their insurer) will deliver a Defence in which they set out their position on liability. This may include an allegation that you were partly at fault.
During negotiations, the parties will discuss the appropriate split of liability. This is expressed as a percentage. For example, the defendant may accept 80% liability and argue that you bear 20% responsibility. Your solicitor will negotiate on your behalf to achieve the most favourable split possible.
If no agreement is reached, the court will determine the split based on the evidence. The judge will consider the actions of both parties and decide what proportion of fault, if any, should be attributed to you.
Frequently Asked Questions
Can I still make a claim if I was partly at fault?
Yes. Contributory negligence is a partial defence, not a complete one. Under Section 34 of the Civil Liability Act 1961, your compensation is reduced in proportion to your degree of fault, but you are still entitled to claim for the remainder. Even where a finding of contributory negligence is made, you can still recover a substantial portion of your compensation.
What percentage reduction is typical for not wearing a seatbelt?
In Ireland, the courts have typically applied a reduction of 15% to 25% for failure to wear a seatbelt, depending on the specific circumstances and the extent to which the seatbelt would have reduced the severity of the injuries. Each case is assessed individually.
Does delayed medical treatment count as contributory negligence?
It can. If you did not seek medical attention promptly after an accident and your injuries worsened as a result, the other side may argue that you contributed to the severity of your condition. However, this is not straightforward, and your solicitor can present evidence to explain the reasons for any delay, such as the nature of the injury, access to medical services, or the fact that symptoms developed gradually.
Get in Touch
At Michael Boylan Litigation, we understand that facing an allegation of shared fault can be stressful, particularly when you are already dealing with the impact of an injury. If you have been injured and would like to discuss your situation, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
