In any successful personal injury claim, a claimant has to establish that another party was at fault for the injuries sustained.
However, if you have been involved in an accident and suffered serious injuries, but you think you may have also been partly at fault, this does not prohibit you from bringing a claim.
In these circumstances, you should obtain legal advice from specialist solicitors. If you can prove that the defendant was primarily at fault for the accident, you are not automatically barred from receiving compensation. Your claim may still be successful but your compensation will be reduced to reflect the contribution of your blameworthiness for the accident. This principle is called "contributory negligence."
What is contributory negligence?
Contributory negligence is a legal principle that may be used as a partial defence in a personal injury claim. It arises when the defendant, whilst accepting they were primarily negligent, argues that the injured person's own negligence contributed to the accident or the severity of their injuries.
The legal basis for this is the Law Reform (Contributory Negligence) Act 1945. Before this Act, if a claimant was found to be partially at fault, they would lose their entire claim. The 1945 Act changed this, allowing Courts to apportion blame between the parties.
This means that if you are found to be partially responsible, you may still receive compensation, but the amount will be reduced to reflect your share of the responsibility.
How is contributory negligence assessed?
For a finding of contributory negligence to be made, the defendant must prove two things:
- That the claimant failed to take reasonable care for their own safety.
- That this failure was a contributing cause of the injury or loss suffered.
The court will look at all the circumstances of the case and decide what is "just and equitable", and the level of blameworthiness the claimant should bear, if any. This involves an objective test of what a reasonable person would have done in the same situation.
Examples of contributory negligence
Contributory negligence can arise in a wide variety of personal injury claims. Some common examples include:
- Road traffic accidents: A classic example is a car passenger not wearing a seatbelt. If they are injured in a collision caused by another driver's negligence, their compensation could be reduced by up to 25% if the injuries would have been avoided if they were wearing a seatbelt, and by 15% if their injuries would have been less serious. Similarly, a pedestrian failing to cross a road using a designated crossing, or a cyclist failing to wear a helmet or not using lights at night, could be found to be contributorily negligent.
- Accidents at work: If an employee is injured at work, their employer may be liable. However, if the employee failed to use safety equipment provided to them, ignored clear safety instructions, or failed to follow health and safety rules, their compensation may be reduced.
How does contributory negligence affect your compensation?
If a Court finds that you were contributorily negligent, it will assign a percentage of blame to you.
The level of contributory negligence could vary from 5-15% up to and including 75-80%, depending on how significant your part in causing the accident was. Assessing contributory negligence is case specific.
Your compensation award will then be reduced by that percentage
For example, if your claim is valued at £100,000, but you are found to be 25% contributorily negligent, your compensation award will be reduced by £25,000, meaning you would receive £75,000.
It remains worthwhile pursuing a claim, particularly where you have suffered life changing injuries, leaving you with ongoing needs and losses.
It is important to note that allegations of contributory negligence are often used as a tactic by defendants and their insurers to reduce the amount of compensation they have to pay. It is crucial to have expert legal representation to challenge these allegations and ensure you receive the compensation you are entitled to.
How can Anthony Gold help?
Our team of experienced personal injury solicitors has a proven track record of successfully handling claims where contributory negligence is alleged. We will thoroughly investigate the circumstances of your accident, gather all the necessary evidence, and provide you with clear, practical advice on the strength of your claim.
We understand the complexities of this area of law and will robustly challenge any unfair allegations of contributory negligence, fighting to secure the maximum compensation for you.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
