Contributory Negligence is a legal term used as a defence in a personal injury claim to suggest that the injured party was also partly to blame for the accident.
Proving liability (or who is to blame) in personal injury claims is always the first hurdle to overcome. This means proving that the defendant is to blame for your accident. Once a defendant has been notified of a claim, they have a set period of time in which to investigate the allegations and then respond. They can respond in one of 3 ways:
- They could admit that they are fully at fault for the accident
- They could deny that they are at fault for the accident
- They could admit that they are partially at fault for the accident but also allege that the claimant is partly to blame. These allegations are what we lawyers call contributory negligence.
Why would a Defendant Allege Contributory Negligence?
When a Defendant thinks the injured person is party to blame, they will propose a share of liability. This is usually expressed in percentage terms, for example if they allege that both parties are equally to blame, they will accept 50% liability. Alternatively, in cases where the defendant is largely to blame but not completely, they may accept 75% or 80% of the liability. The split can be proposed in favour of either party, so it is possible (although this is very rare) to have a case where the claimant bears more than 50% of the responsibility for the accident.
Contributory negligence may be an issue if the defendant feels that the injured person failed to take sufficient care for their own safety, and this has contributed to the accident.
How can the Defendant do this?
The Defendant has to prove that the claimant is partially to blame. To do this they have to satisfy the 3 tests:
- That the injured person has failed to take reasonable care for their own safety
- That this caused or contributed to the injury and
- It was reasonably foreseeable that the claimant would be harmed
The defendant will have to provide evidence to prove contributory negligence. The injured persons Solicitor would then review and advise. If the parties are unable to resolve the issue between themselves, it would ultimately be down to the Court to review the evidence and decide what, if any, split is appropriate.
Does this affect my compensation?
If contributory negligence is successfully argued, the compensation the injured person is awarded is reduced by the percentage they are ‘at fault’. So, if a claimant is found to be 25% at fault, their compensation will be reduced by 25%. So a settlement figure of £100,000 would be reduced to £75,000.
Can you give me an example?
- When a pedestrian steps out in front of a vehicle, without looking.
- When an injured person was under the influence of alcohol or drugs at the time of the accident
- Where a claimant was rushing, not looking where they were going, or wearing inappropriate footwear
- Failure to wear a seatbelt in a road traffic accident
Help, I’ve been injured, and I might be partly to blame. What should I do?
Even when you think an accident was all your fault this may not be the case. If you feel responsible, or even a little foolish, you should still consult a solicitor and get expert advice as to who is at fault. Contributory negligence is a complex issue and must be given careful consideration.
Our specialist personal injury team can help you bring a claim and advise you on issues such as contributory negligence. Call us on 0114 218 4000 or email info@tayloremmet.co.uk
