Contributory Negligence in Personal Injury

 

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Contributory negligence is a legal concept relevant in some personal injury cases. It essentially means that if the person who was hurt did anything that contributed to the accident or injury, then the defendant (the person responsible for the accident) may not be fully liable or may not be liable at all. If the injured person is found to be even slightly accountable for their injuries, it can impact their compensation. For example, if a judge rules the claimant is 20% responsible for their injuries, then 20% will be deducted from the compensation amount awarded to them.

Defendants commonly use contributory negligence as a defence to argue that they shouldn’t be held fully responsible for the damages. However, the burden of proof lies with the defendant to prove contributory negligence, which can be a complex task.

Contributory negligence is a complex legal concept under common law, and consulting with a personal injury claim solicitor is recommended if you’re facing a situation where it might be relevant. Our team at Beacon Law is highly experienced in contributory negligence cases and can assist clients during the legal process. Please get in touch with

Law Reform (Contributory Negligence) Act 1945

 

The Law Reform (Contributory Negligence) Act 1945 is a key piece of legislation in England and Wales. This law addresses situations where the injured party in a legal claim has partially contributed to their own harm. It introduced the principle of contributory negligence into law and allowed courts to reduce the amount of damages awarded to the claimant in proportion to their degree of fault.

Key provisions of the Act include:

Apportionment of damages:

  • If a claimant suffers damage partly due to their own fault and partly due to the fault of another party, the damages recoverable can be reduced.
  • The reduction is based on what the court considers “just and equitable,” taking into account the extent of the claimant’s responsibility for their injury or loss.

Under the Law Reform (Contributory Negligence) Act 1945:

“(1) 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 claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof 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:

Provided that—

(a)this subsection shall not operate to defeat any defence arising under a contract;

(b)where any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable.

(2)Where damages are recoverable by any person by virtue of the foregoing subsection subject to such reduction as is therein mentioned, the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.”

Fault definition:

  • Fault includes negligence, breach of statutory duty, or other acts or omissions that give rise to liability in tort.

Effect on defendants:

  • Defendants remain liable for their share of the damages, even if the claimant is partially responsible.
  • The Act does not absolve the defendant of responsibility; it merely adjusts the compensation based on shared blame.

 

Examples of contributory negligence

Contributory negligence examples illustrate situations where an injured party’s own actions contribute to the harm they suffered. Remember, the concept of contributory negligence is harsh, and the degree of the claimant’s negligence, no matter how small, can potentially bar them from recovering the total amount of damages. Here are some examples:

Road Traffic Accidents:

  • If a pedestrian walks into the road and is hit by a car, the pedestrian may be considered contributorily negligent.
  • If a driver runs a red light and collides with another car, that driver may be considered contributorily negligent.
  • If a passenger does not wear a seatbelt and has caused themselves more injury by not wearing one, then they may be considered contributorily negligent.

Slip and Fall Cases:

  • If someone ignores warning signs and enters a wet floor area, slipping and getting injured, their contributory negligence might be considered.

Product Liability:

  • If a person misuses a product in a way that leads to injury, their contributory negligence may be a factor in assessing liability.

Medical Negligence:

  • If a patient fails to follow prescribed medical instructions and their condition worsens, their contributory negligence might be considered.

Premises Liability:

  • If someone trespasses on private property and gets injured, their contributory negligence could be a factor in determining liability.

Workplace Accidents:

  • If an employee violates safety protocols, doesn’t care for their own safety and gets injured, they may be held liable and contribute to the negligence.

Can you still make a claim for compensation if you are partially responsible?

Typically, you can still make a claim for personal injury compensation even if you are partially responsible. The contributory negligence system allows for this under the Contributory Negligence Act of 1945. The Law Reform (Contributory Negligence) Act 1945 made it possible for victims to access compensation, as prior to the reform, any contributory negligence would mean no damages would be awarded.

The amount of compensation you receive will be reduced based on your percentage of fault. There are two types of comparative negligence:

Pure Comparative Negligence:

You can recover damages regardless of your percentage of fault, but the amount will be reduced by that percentage.

Modified Comparative Negligence:

You can only recover damages if your fault is below a certain threshold (often 50% or 51%). If your fault exceeds this threshold, you may be barred from any damages recoverable.

How can Beacon Law assist?

Beacon Law is a law firm that specialises in personal injury claims for claimants based all over England and Wales. Our team of highly experienced personal injury specialist solicitors and legal professionals have processed large numbers of successful claims for personal injuries.

We are experts in no-win, no-fee compensation claims, and we are authorised and regulated by the Solicitors Regulation Authority.

If you have sustained injuries following an accident that you may be partially responsible for, then contact Beacon Law today by calling 0330 1332 857 or complete the contact form at the top of the page to request a callback, and we will put you in touch with an experienced personal injury solicitor.

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Last Updated on December 4, 2024 by Stacey