In short
This law abolishes the "common employment" defense, which previously protected employers from liability for personal injuries caused by the negligence of co-workers. It ensures that employers can be held responsible for such injuries.
What it regulates
- The defense of common employment in cases of personal injuries.
- The validity of contracts that try to limit an employer's liability for personal injuries.
- The application of this defense to specific legal proceedings against the Minister for Finance.
- The repeal of certain older laws related to employer liability.
Who it concerns
- Employers and their employees or apprentices.
- Individuals who suffer personal injuries due to the negligence of a co-worker.
- The Minister for Finance in specific legal proceedings.
Key points
- "Personal injuries" includes any disease and any impairment of a person's physical or mental condition.
- An employer cannot use "common employment" as a defense when sued for personal injuries caused by an employee's negligence.
- Any contract or agreement that tries to exclude or limit an employer's liability for such injuries is void.
- This Act does not affect legal proceedings that started before December 23, 1958.
đ Legal text
Law Reform (Personal Injuries) Act, 1958
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1958
Law Reform (Personal Injuries) Act, 1958
Law Reform (Personal Injuries) Act, 1958
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Number 38 of 1958.
LAW REFORM (PERSONAL INJURIES) ACT, 1958.
ARRANGEMENT OF SECTIONS
Section
1.
Common employment not to be a defence.
2.
Provisions as to pending legal proceedings.
3.
Repeals.
4.
Short title.
SCHEDULE
Enactments Repealed
Acts Referred to
Road Traffic Act, 1933
No. 11 of 1933
Fatal Injuries Act, 1956
No. 3 of 1956
Number 38 of 1958.
LAW REFORM (PERSONAL INJURIES) ACT, 1958.
AN ACT TO ABOLISH THE DEFENCE OF COMMON EMPLOYMENT. [23rd December, 1958.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
Common employment not to be a defence.
1.â(1) In this section âpersonal injuriesâ includes any disease and any impairment of a person's physical or mental condition, and âinjuredâshall be construed accordingly.
(2) It shall not be a defence to an employer who is sued in respect of personal injuries caused by the negligence of a person employed by him that such person was, at the time the injuries were caused, in common employment with the person injured.
(3) Any provision contained in a contract of service or apprenticeship or in an agreement collateral thereto (including a contract or agreement entered into before the passing of this Act) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.
(4) The defence of common employment shall not be open to the Minister for Finance in any proceedings brought against him under
section 170
of the
Road Traffic Act, 1933
(No. 11 of 1933), or under
section 7
of the
Fatal Injuries Act, 1956
(No. 3 of 1956).
Provisions as to pending legal proceedings.
2.âNothing in this Act shall affect any legal proceedings commenced before the date of the passing of this Act.
Repeals.
3.âThe enactments mentioned in column (2) of the
Schedule
to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.
Short title.
4.âThis Act may be cited as the Law Reform (Personal Injuries) Act, 1958.
SCHEDULE
Enactments Repealed
Section 3.
Session and Chapter or Number and Year
Short Title
Extent of Repeal
(1)
(2)
(3)
43 & 44 Vic. c. 42.
Employers' Liability Act, 1880.
The whole Act.
No. 47 of 1923.
Expiring Laws Act, 1923
.
In the First Schedule, the entries relating to the Employers' Liability Act, 1880.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.