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Personal Injury specialist What is contributory negligence?
“It was six of one, half a dozen of the other.” Fault for some accidents is not always clear-cut. And even if it is, it often doesn’t stop the seemingly blameworthy party from pointing a finger in the opposite direction.
When making a personal injury claim, you must prove that the other party was partly or entirely at fault for causing you harm. Or, as lawyers say, the other party’s breach of legal duty caused or contributed to your injuries.
As a claimant, even if it’s pretty clear that there was fault by the other party, they commonly allege that you were also partly responsible. This allegation of ‘contributory negligence’ can amount to a partial defence to your claim. However, the other party must prove such an allegation by establishing, on the balance of probabilities, that:
- you failed to take reasonable care for your own safety; and
- this caused or contributed to your injuries; and
- it was reasonably foreseeable that you would suffer harm.
Although rare, the court can find that you were 100% contributorily negligent. Such a finding suggests that although there was a breach of legal duty by the other party (possibly only nominal), your conduct meant that you were wholly responsible for your injuries.
Contributory negligence examples
Allegations of contributory negligence can occur in any accident scenario. But we are most familiar with them following road traffic accidents. We have all heard people say, “That was a 50/50” or “It wasn’t entirely his fault”.
Following accidents in the workplace, employers commonly admit breach of duty. But at the same time, they also allege that the employee was not following the safe system of work provided. In one of my recent cases, a piece of metal sheered off a poorly maintained machine, blinding my client in one eye. His employer admitted fault for the defective machine but alleged my client should have been wearing the safety goggles issued to all employees. However, our enquiries established that although safety goggles were available, almost no employees wore them. This was a fact known to management, who had never taken action to enforce the rule. As a result, we were able to defeat the allegation.
Contributory Negligence Act
The rules governing how a finding of contributory negligence affects you are set out in the Law Reform (Contributory Negligence) Act 1945 (the Act).
The Act provides that if the court finds you were partly to blame, your damages “shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage”.
The proportion of blame attributable to you is expressed as a percentage, and your damages are reduced accordingly. For example, a finding of 25% contributory negligence against you will reduce a damages award of £100,000 to £75,000.
Comment
We are often contacted by claimants whose solicitors have advised them to accept an allegation of contributory negligence. Whilst sometimes justified, in other cases it’s clear that a solicitor has either not investigated the claim thoroughly or has applied the law wrongly. Accepting an allegation of contributory negligence often has a dramatic effect on your claim’s value. You must, therefore, be satisfied that it’s the right decision. Call us on 01225 462871 or submit the Contact Form below.