Contributory Negligence

i. Intro

D may be able to rely on the partial defence of contributory negligence. D must prove on the BoP that C failed to take reasonable care in the circumstances for their own safety and this failure was a contributory cause of the damage.

If D succeeds, then 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 under s1 of the Contributory Negligence Act 1945.

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1. Did C breach their duty to themselves?

If C is placed in a sudden emergency situation due to another’s negligence, they will not be held to have contributed to their own injury IF their actions, made in the heat of the moment, were reasonable even if mistaken. This action will also be judged more leniently.

A rescuer will be judged against the standard of the reasonable rescuer. Only if a rescuer has shown a wholly unreasonable disregard for their safety is their likely to be a finding of contributory negligence, yet this is likely to be rare in practice.

If C willingly accepts a lift from a driver whom they know to be under the influence, this can constitute contributory negligence - generally not violenti

A young child cannot be found CN. An older child may, however even in when they can be, they are still judged against the standard expected of a reasonable X year old, not an adult.

Failure to wear a seatbelt is negligent.

Where a driver causes a pedestrian injury, the driver should bear the greater share of responsibility, even if the pedestrian has been negligent.

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2. Did C's breach either a) worsen the harm suffered, or b) created, or increased, the risk of harm?