Contributory negligence is important to understand if you are pursuing a personal injury claim, as it can significantly affect the compensation you receive. But what is contributory negligence? In this helpful guide, we’ll answer that question, explore how it impacts personal injury cases and what steps you can take to protect your rights along the way.
What is contributory negligence?
Contributory negligence was introduced in the UK as part of the Law Reform (Contributory Negligence) Act 1945. It is a common defence strategy used in personal injury claims as it lets the defendant argue that the person claiming compensation shares some of the fault for the accident that caused their injuries.
What you need to know
- Partial defence — Contributory negligence does not absolve the defendant of liability entirely but can reduce the compensation awarded to you as the claimant.
- Burden of proof — You must prove the defendant’s responsibility for the injury. However, the defendant must prove contributory negligence.
- Legal requirements — For contributory negligence to be proven, the defendant must demonstrate that:
- You failed to take reasonable care for your own safety
- This failure contributed to your injury
- The injury was reasonably foreseeable as a result of your actions
How does contributory negligence affect personal injury claims?
If contributory negligence is argued successfully by the defendant, you might see a reduction in your compensation. This is usually done by a reduction by percentage. The court will determine your share of the blame for the incident that caused your injury. This percentage will then be deducted from your total.
The defendant must provide evidence to support their claim of contributory negligence and your solicitor will scrutinise this evidence and provide advice on its strength to the court to assist with their decision.
When might contributory negligence come up?
Contributory negligence can arise in a variety of personal injury claims. Here are some of the most common scenarios:
Road traffic accidents
If you are injured in a road traffic accident but you weren’t wearing your seatbelt, your compensation might be docked. In this case, the court might deduct 25% if it’s shown that wearing a seatbelt would have prevented your injuries.
Workplace accidents
Let’s say you are injured because of a workplace accident — you might face a reduced compensation amount if you failed to follow any safety procedures provided by your employer. This might be failing to wear PPE or disregarding company training or instructions and could be considered as contributory negligence.
Slips, trips and falls
If you have slipped, tripped or fallen, you might have your accident claim compensation reduced if you ignored a wet-floor sign, or put yourself in danger on purpose.
How Injury Lawyers 4U can help
Understanding contributory negligence and its impact on your claim can be challenging. At Injury Lawyers 4U, we specialise in personal injury claims and can guide you through this and any other complexities of the legal process.
If you’ve been injured in an accident and are concerned about contributory negligence affecting your claim, we’re here to help. Contact us to find out more or to arrange for a free consultation with one of our expert lawyers.
