2B.6.1 Contributory negligence Flashcards
Contributory negligence
The defendant argues that the claimant partly caused the injuries suffered, and asks the court to reduce the blame and therefore the damages to be paid.
Law Reform (contributory negligence) Act 1945
“The damages recoverable shall be reduced… having regard to the claimant’s share in the responsibility for the damage”
[Contributory negligence]
Jones v Livox Quarries (1952)
The claimant fell from a quarrying vehicle. They were sitting on the back of a lorry when the vehicle crashed. The employee’s contract said not to sit on the back of a lorry.
It was held: The claimant contributed to the negligence and damages awarded were reduced.
[Contributory negligence]
Badger v Ministry of Defence (2006)
The claimant contracted lung disease after exposure to asbestos. He smoked after his doctor told him to stop.
Damages awarded were reduced by 20% under contributory negligence because the reasonable person would have stopped smoking.
[Contributory negligence]
Sayers v Harlow Urban District Council
Woman trapped in toilet. Claimant stood on seat and toilet-roll holder, fell.
Damages were reduced by 20% due to contributory negligence.
[Contributory negligence]
Jayes v IMI (1995)
The claimant took the guard off a machine to clean it.
Damages were reduced by 100%.
[Contributory negligence]
O’Connell v Jackson (1972)
The claimant did not wear a crash helmet.
Damages were reduced by 15%.
[Contributory negligence]
Froom v Butcher (1976)
The claimant was not wearing a seatbelt during a crash.
Damages were reduced by 20%.
[Contributory negligence]
Stinton v Stinton (1993)
The claimant accepted a lift from a drunk driver.
Damages were reduced by 33.3%.
[Contributory negligence]
Gough v Thorne (1966)
A 13-year-old was crossing a road. A lorry was obscuring the view and the lorry driver waved her on. She crossed and was hit by a car.
No contributory negligence as she had done what a reasonable 13-year-old would have done.
What type of defence is contributory negligence?
A partial defence to claims of negligence and occupiers’ liability.
What act governs the law on contributory negligence?
The Law Reform (Contributory Negligence) Act 1945
The Law Reform (Contributory Negligence) Act 1945
This provides that any damages awarded to the claimant can be reduced according to the extent or level to which they had contributed to their own harm.
- The judgment will firstly set the full amount of the damages as if there was no contributory negligence.
- The judge will then decide the percentage that the claimant is responsible for, and then reduce the amount of damages by this percentage. As it is a partial defence, it will only result in a reduction in the amount of damages.
- The defence does not require the defendant show that the claimant owed him a duty of care, just that the claimant failed to take the appropriate care in the situation.
- It will be necessary to prove causation - that the claimant’s act or omission helped to cause the injuries suffered, despite the defendant’s fault.
How to consider contributory negligence in a scenario?
In a scenario with contributory negligence, take an educated guess as to what percentage should be taken off the damages.
