Tort law at Ireland
Tort law in Ireland operates within a common law framework, influenced by English law and shaped by Irish statutory reforms and judicial decisions. The law addresses various civil wrongs, including negligence, occupiers' liability, defamation, and product liability.
⚖️ Legal Framework
1. Negligence
In Ireland, to succeed in a negligence claim, a plaintiff must establish:
Duty of Care: The defendant owed a duty to the plaintiff.
Breach of Duty: The defendant breached that duty.
Causation: The breach caused harm to the plaintiff.
Damages: Actual damage occurred.
The neighbour principle, originating from Donoghue v Stevenson (1932), is central to determining the existence of a duty of care. The Irish courts assess proximity and foreseeability to establish this duty .
2. Occupiers' Liability
The Occupiers' Liability Act 1995 outlines the responsibilities of occupiers towards individuals on their premises:
Visitors: Owe a duty to take reasonable care to ensure visitors are safe.
Recreational Users: Owe a duty to take reasonable care to ensure safety.
Trespassers: Owe a duty to avoid intentional or reckless harm.
The Act modifies common law principles, particularly concerning trespassers, aligning with the decision in Weir-Rodgers v SF Trust Ltd (2005), which confirmed that occupiers are not required to take all reasonable care to safeguard trespassers .
3. Defamation
Defamation in Ireland is governed by the Defamation Act 2009, which:
Defines defamation and outlines the legal framework for claims.
Provides defenses such as truth, honest opinion, and absolute and qualified privilege.
Sets time limits for bringing claims and establishes procedures for resolving disputes.
4. Product Liability
Under the Liability for Defective Products Act 1991, which implements the EU Product Liability Directive, producers are strictly liable for damage caused by defects in their products. This includes manufacturers, importers, and suppliers
🧑⚖️ Notable Case Law
Dunne v National Maternity Hospital (1989): Established six core rules for assessing medical negligence, emphasizing the standard of care expected in medical practice.
Gough v Neary (2003): Clarified that the limitation period for personal injury claims starts when the plaintiff becomes aware of the injury and its cause, not necessarily when the injury occurs.
Walsh v Jones Lang Lasalle Ltd (2017): Addressed negligent misstatement, holding that a purchaser bears the risk of reliance on erroneous information unless the vendor has clearly assumed responsibility .
🧾 Defences to Tort Claims
Common defenses in tort claims include:
Contributory Negligence: The plaintiff's own negligence contributed to the harm suffered.
Volenti Non Fit Injuria: The plaintiff voluntarily accepted the risk of harm.
Consent: The plaintiff consented to the act that resulted in harm.
Necessity: The defendant's actions were necessary to prevent greater harm.
📚 Further Learning
For those interested in studying tort law in Ireland, the South East Technological University (SETU) offers a part-time Certificate in Tort Law, providing a comprehensive understanding of general principles and various forms of liability .
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