How Contributory Negligence is Determined

How Contributory Negligence is Determined

Contributory negligence can be explained by a hypothetical scenario. Say Joe Bloggs sustained an accident at work whereby he caught his hand in machinery which should have been turned off but the off switch had jammed. Say it came to light that Joe Bloggs forgot to put down the safety screen which was company practice even if the machinery was turned off.

Joe Bloggs may still be able to recover compensation but in this scenario it is likely that the Defendant (i.e. the employer) would allege an amount of contributory negligence as it was Joe Bloggs who failed to put down the safety screen.

It could still be argued that it was not a safe system of work and that the machinery or the off switch was defective causing the accident. The Defendant may argue that Joe Bloggs was partly at fault for his own accident. Contributory negligence is often dealt with in terms of a percentage. The Defendant may argue that Joe Bloggs is 90% at fault for the accident whereas Joe Bloggs himself may suggest that his actions or failure to put down the safety screen meant he was 20% at fault for the accident. You can see that it all depends on the circumstances of the particular case.

The effect of contributory negligence should be pointed out. If contributory negligence was agreed at 50% for example, then the Claimant would only receive 50% of the value of his / her claim. If, based on the injuries sustained and the medical evidence, the case was valued at £5,000 on a full liability basis, Joe Bloggs would only receive 50% of this (i.e. £2,500). Also note that there is no such thing as 100% contributory negligence.

Another good example of contributory negligence can be illustrated by the case of Froom v Butcher [1976]. The Claimant was involved in a road traffic accident which was not at all his fault. The Claimant was however partly at fault for the extent of his injuries as he was not wearing a seatbelt at the time of the accident. The failure to wear a seatbelt made the Claimant’s injury worse, and therefore an amount of contributory negligence applied.

You can see that contributory negligence can apply in many different scenarios. Contributory negligence can apply where a failure to do something increased the severity of the Claimant’s injuries (i.e. failure to wear a seat belt), it can also apply where the Claimant forgot to do something (i.e. apply a safety latch) and thus was a contributing factor of his or her accident. So, in essence, contributory negligence can apply where the Claimant was partly at fault for the accident and also where the Claimant was not at all at fault for the accident but where he or she was partly at fault for the severity of the injuries.

Contributory negligence does not mean that you cannot make a claim. If you have sustained an injury at work for example, even if the accident was partly your fault, you may still be able to recover compensation. Your Solicitor would be able to evaluate how much contributory negligence, if any, should apply. Of course it is for the Defendant to raise contributory negligence in the first place. It is always worth seeking independent legal advice following an accident or injury, so please do not hesitate in calling us today on 0800 634 75 75.