Contributory Negligence

• Contributory Negligence


  Contributory Negligence is defined in the Law Reform Act 1945. Partial fault by the claimant doesn't defeat the claim but reduces the damages proportionally
• How to prove contributory negligence?

  Did the claimant fail to take reasonable care for their own safety? Did this failure contribute to the damage suffered?
• How are damages allocated?


  Damages are calculated initially without considering contributory negligence. Judge assigns percentage of blame to claimant, reduces damages accordingly. It is a partial defence: doesn't absolve defendant but reduces damages based on a claimants contribution. In extreme cases of full claimant fault, damages may be 100 per cent reduced. Contributory negligence recognises shared responsibility in negligence cases, adjusting damages based on a claimants contribution to the harm suffered.
• Case examples

  • Sayers v Harlow Urban District Council - reduced by 25 per cent
  • Jayes v IMI Ltd - reduced by 100 per cent