Contributory negligence

contributory negligence meaning

The defence of contributory negligence is by far the one that is brought up the most often and is effective. While in the past it was a full defence, it is not one now. There is no such thing as 100% contributory negligence. But, it does provide the defendant with the possibility to decrease his liability, which means that he becomes partly culpable for the loss.

If a person suffers damage partly due to his own fault and partly due to the fault of another, then that person's damages are to be reduced to the extent that the court considers to be just and equitable. For example 25% reduction in damages. This is the basis for the defence, and it can be found in section 1 of the Law Reform (Contributory Negligence) Act of 1945. According to section 1(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 plaintiff’s share in the responsibility for the damage.”

Cases concerning contributory negligence

Froom v Butcher [1976] 1 QB 286 is a landmark case in the law of negligence. The case concerned a serious car accident in which the claimant suffered injuries to his face and chest. The claimant argued that the defendant was negligent for failing to wear a seatbelt, which would have reduced the severity of his injuries. The court held that the defendant was indeed negligent and that the failure to wear a seatbelt was a contributing factor to the severity of the claimant's injuries. This case established the principle that a failure to take reasonable precautions to prevent injury can constitute negligence on the part of the defendant, even if there were other factors that contributed to the injury. This principle has been widely applied in subsequent negligence cases, and it continues to be an important precedent in tort law.

You cannot have 100% contributory negligence

In the UK, the concept of contributory negligence exists to determine the proportion of fault between the parties in a negligence claim. However, the law does not allow 100% contributory negligence. This is because the main principle of negligence is that a person owes a duty of care to others and should take reasonable steps to avoid causing harm. Therefore, if a claimant is found to be completely at fault, it suggests that the defendant had no duty to take precautions to prevent harm. This principle goes against the foundation of tort law and would ultimately result in the claimant receiving no compensation, even if the defendant was also partly at fault. Therefore, the maximum limit of contributory negligence that can be attributed to the claimant ranges from 10% to 90%.

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