When a person is injured through someone else’s carelessness, they often assume that fault will be straightforward to establish. In reality, the party alleged to be responsible, or more usually their insurer, frequently denies being at fault at all, or argues that the injured person was partly to blame. This is what lawyers mean by “disputed liability”, and it is one of the most common reasons that an otherwise genuine claim becomes drawn out, contested, or undervalued.
Here at McCarthy + Co Solicitors LLP, we regularly act for clients whose claims are resisted on liability grounds. This guide explains how disputed liability works under Irish law, what it means for the claims process, and how a well-prepared case can still succeed.
What “disputed liability” actually means
Liability and quantum are two separate questions in any personal injury claim. Liability concerns who was legally at fault for the accident, while quantum concerns how much the resulting injury is worth. A claim can be contested on either, or both.
Liability is “disputed” where the other side:
- Denies that they were negligent or in breach of any duty owed to you.
- Accepts that an accident happened but argues that it was nobody’s fault.
- Alleges that you caused or contributed to your own injuries, known as contributory negligence.
- Claims that another party, and not them, was responsible.
Disputed liability and the Injuries Resolution Board
Most personal injury claims in Ireland, with medical negligence being the principal exception, must first be submitted to the Injuries Resolution Board before court proceedings can be issued. This requirement comes from the Personal Injuries Assessment Board Act 2003.
Crucially, the Board only assesses claims where the respondent does not dispute liability and consents to an assessment. The Board calculates what an injury is worth; it does not decide who was at fault. Where liability is denied, the Board cannot assess the claim and will instead issue an authorisation permitting you to bring proceedings in court. An authorisation is not a rejection of your claim. It simply means your case needs a forum with fuller tools to resolve the fault question.
The Board also offers a free, voluntary mediation service, introduced under the Personal Injuries Resolution Board Act 2022. This service was brought in across the different claim categories in stages, beginning with employer liability claims and extending to public liability and, from December 2024, motor claims. Mediation is conducted by an impartial, trained professional and can, in suitable cases, help to resolve disputes over liability without the need for litigation.
Contributory negligence
One of the most frequent liability arguments is that the injured person was partly responsible for their own injuries. This is governed by section 34 of the Civil Liability Act 1961.
Under section 34, where an injured person is found to be partly at fault, their damages are reduced to the extent that the court considers just and equitable, having regard to their share of the blame. Two points are worth emphasising:
- Contributory negligence is a partial defence, not a complete one. A finding that you were, for example, 20% at fault reduces your award by 20%; it does not defeat the claim.
- The reduction is applied to the combined total of damages. A classic example is a failure to wear a seatbelt, which can reduce an award even where another driver caused the collision.
We often advise clients that an early, realistic assessment of any contributory negligence argument is essential, because it directly affects both the value of the claim and the strategy for resolving it.
Where more than one party is at fault
Liability disputes frequently involve more than two parties. A fall on a poorly maintained footpath might engage a local authority, a utility company, and a contractor. The Civil Liability Act 1961 deals with this through the concept of “concurrent wrongdoers”, which allows an injured person to recover their full damages from any one of several responsible parties, who may then seek contributions among themselves. Identifying and correctly naming every potentially liable party at the outset is therefore vital, and naming the wrong legal entity is a common, and costly, error.
Building the evidence to overcome a dispute
Where liability is contested, the outcome usually turns on the quality of the evidence. The burden of proving fault rests with the injured person, on the balance of probabilities. In our experience, the cases that succeed are those in which evidence is gathered early and preserved carefully. Useful evidence often includes:
- CCTV or dashcam footage, which should be requested promptly before it is overwritten or deleted.
- Independent witness details, as independent accounts carry significant weight.
- Photographs of the scene, the hazard, and any visible injuries.
- An engineer’s or other expert report, particularly in cases involving defective premises, road defects, or machinery.
- Contemporaneous medical records documenting the injury and how it occurred.
The Data Protection Commission provides guidance on requesting CCTV footage of yourself, which can be an important early step in preserving key evidence.
If the claim proceeds to court
If liability cannot be agreed and the Board has issued an authorisation, the claim proceeds to litigation. Court proceedings bring procedural tools that are not available at Board level, including the discovery of documents, the exchange of expert reports, and the cross-examination of witnesses. Once liability is established, the amount recoverable is assessed by reference to the Judicial Council’s Personal Injuries Guidelines.
It is also important to keep the time limits in mind. In most personal injury cases the limitation period is two years from the date of the accident, or the date of knowledge of the injury, under the Statute of Limitations as amended by the Civil Liability and Courts Act 2004. A liability dispute does not pause that clock, so taking advice promptly is important.
Require legal assistance with a disputed liability claim?
At McCarthy + Co Solicitors LLP, we have extensive experience in pursuing personal injury claims where liability is denied or disputed, including road traffic, workplace, and public liability cases. A contested claim is rarely a hopeless one. With early preparation, the right evidence, and clear legal advice, many disputed claims are resolved successfully, whether through negotiation, mediation, or the courts.
If liability has been denied or questioned in your case, our personal injury team can help you understand where you stand and what to do next. Arrange a confidential, no-obligation consultation with a solicitor today by completing our quick online form.
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