LAW REFORM (PERSONAL INJURIES) ACT, 1958

Type Act

Publication 1958-12-23

State In force

Text As published

Source Irish Statute Book

articles 4

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

AN ACT TO ABOLISH THE DEFENCE OF COMMON EMPLOYMENT. [23rd December, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Common employment not to be a defence.

1.—(1) In this section “personal injuries” includes any disease and any impairment of a person's physical or mental condition, and “injured”shall 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).

2 Provisions as to pending legal proceedings.

2.—Nothing in this Act shall affect any legal proceedings commenced before the date of the passing of this Act.

3 Repeals.

3.—The enactments mentioned in column (2) of the Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

4 Short title.

4.—This Act may be cited as the Law Reform (Personal Injuries) Act, 1958.

SCHEDULE Enactments Repealed


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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