Contributory Negligence

Contributory Negligence

Definition (AO1)

Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons:

a) a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage

b) but the damages recoverable in respect thereof shall be reduced

• To such extext as the court thinks is just and equitable

• having regard to the C’s share in the responsibility for the damage.

Contributory Negligence

Source (AO3)

Law Reform (Contributory Negligence) Act 1945, s.1(1)

C’s responsibility for the damage

Definition (AO1)

• C may have been partly responsible for the incident itself

  OR

• C may have contributed to the severity of the damage suffered.

C’s responsibility for the damage

Case (AO3)

(Brannan v Airtours) - Responsible for incident

C climbed on table to get out of room which D had negligently arranged.

(Froom v Butcher) - Severity of damage

Road accident in which the C is injured because he is not wearing a seatbelt. Damages reduced by 15%

Burden on proof is on D to prove…

Definition (AO1)

1. That C failed to take proper care in the circumstances for their own safety i.e. C was AT FAULT

   AND

2. That failure to take care was a contributory cause of the damage suffered i.e. C’s Fault was a cause of the damage.

Standard of proof - Balance of probabilities

Burden on proof is on D to prove…

Source (AO3)

Common Law

Situations where C’s failure may result in contrib neg.

(AO2)

• Not wearing a seatbelt

• Not using appropriate equipment for a job

• No helmet

• No proper safety checks

• Not getting medical treatment when it is obvious that they need it

• Not looking out for their own safety (listening to music or texting on a phone)

Special Position of Children

Rule (AO1)

Generally a child (under 10) cannot be guilty of contributory negligence.

Exception - Older children (over 10) may be expected to take precautions for their own safety & blame for the accident could be attached to them. Held to standard of ordinary child of that age

“Children do not appreciate risk in the same way as an adult, which means in law, that they have less capacity and so less responsibility (i.e. fault).

Special Position of Children

Case (AO3)

(Jackson v Murray)

• At dusk with no street lighting

• 13 year old did not lok & took two steps into the road into path of D’s car, before breaking into a run.

• Girl was fully aware of danger as bus driver had warned her in the past to not run across the road.

• Speed limit was 60mph and driver was going 50 with lights on.

Driver was negligent but damages were reduced by 50%

Emergency / Rescue situations

Rule (AO1)

• A rescuer will be judged against the standard of the reasonable rescuer.

• Only if a rescuer has shown a ‘Wholy unreasonable disregard for his or her own safety’ is there likely to be a finding of contributory negligence.

Policy - Courts will always be reluctant to accept criticism of a rescuer’s conduct.

Overlap with causation

Rule (AO1)

If C can show that the injuries would have been the same even if he had worn a seatbelt for example, then Contrib. will fail.