As individuals we have a general responsibility to take care of ourselves.  Contributory negligence is a common defence strategy in personal injury claims by defendant lawyers. Whilst it is not a defence to liability it does assist in reducing the value of the claim, otherwise known as quantum.

Contributory negligence is when an injured person is found to have contributed to their accident and therefore is partially responsible for their injuries. Contributory negligence can occur in several accident types. To prove contributory negligence, the defendant must demonstrate the following:

• There was a failure on the part of the claimant to take reasonable care for their own safety;

• This caused or contributed to the injury; and

• Harm to the claimant was reasonably foreseeable.

Examples of contributory negligence include failure to wear a seatbelt in a road traffic accident or failure to wear protective equipment in a workplace accident. However applying the points above, the failure should have caused or contributed to the injury. If the injuries were no worse or different than if a seat belt or protective equipment been worn, then a claim of contributory negligence would not succeed.

The defendant is required to provide evidence in support of any contributory negligence allegations and propose a percentage split in liability i.e 60/40 in favour of the claimant. This will then be reviewed by the claimant solicitor who would assess this evidence and advise on whether contributory negligence allegations will succeed.

Where contributory negligence has been successfully argued, a deduction is made to the final compensation payment.

If you would like to discuss a potential personal injury claim contact Richard Harriman by email or on 01494 521301.