Defences to Negligence

Contributory negligence

• law reform (contributory negligence) act 1945:

  • a claimant’s damages may be reduced if they are found to have contributed to their own harm

  • their reduction is bad on the degree of the c’s fault in relation to the incident

contributory negligence case examples: Sayers. Harlow UDC (1958)

• brief facts: woman became trapped in a public toilet and injured herself trying to escape

• reasons for reduction: she admitted to climb out in a risky way, contributing to her injury

• reduction in damages: 25%

contributory negligence case examples: Jayne v IMI Ltd (1985)

• brief facts: worker removed a safety guard from a machine toit out and injured his finger

• reasons for reduction: he admitted full responsibility for ignoring safety procedures

• reduction in damages: 100%

contributory negligence case examples: O’Connell v Jackson (1972)

• brief facts: moped rider was injured in a crash while not wearing a helmet

• reasons for reduction: not wearing a helmet contributed to the severity of his injuries

• reduction in damages: 15%

contributory negligence case examples: Froom v Butcher (1976)

• brief facts: driver was injured in a car crash and had not been wearing a seatbelt

• reason for reduction: the lack of seatbelt made the injuries worse than they would have been

• reduction in damages: 20%

Volenti non fit injuria

• consent

  • this defence applies where the claimant has freely and voluntarily accepted the risk of harm

    • if successful, it acts as a complete defence

  • what must D prove?

    • C had the knowledge of the exact risk involved

    • C had a free choice

    • there was a voluntary acceptance of the risk

Volenti non fit injuria case example: Stermer v Lawson (1977)

• brief facts: C borrowed a motorbike but was not shown how to use it properly

• legal principle: defence failed - C must full understand the specific risk involved

Volenti non fit injuria case example: Smith v Baker (1891)

• brief facts: a worker was injured by falling rocks from a crane, he had previously complained about. he had no real choice but to continue working

• legal principle: defence failed - continuing to work under pressure does not count as consent

Volenti non fit injuria case example: Haynes v Harwood 1935

• brief facts: D failed to secure a horse, which bolted. A police officer was injured while trying to stop it

• legal principle: defence failed— rescuers acting under a duty do not voluntarily accept the risk