Contributory negligence Definition

GLOSSARY

What does Contributory negligence mean?

A partial defence to a claim based upon the negligence of a claimant.

Damages awarded to a Claimant may be reduced by a proportion equivalent to that which his own actions contributed to the injury suffered. The burden is on the Defendant to prove the negligence of the Claimant.

View the related checklists about Contributory negligence

Liquidated damages in construction contracts—practical tips

Liquidated damages in construction contracts—practical tips This Checklist sets out drafting tips to take into account when drafting or negotiating liquidated damages (LADs) provisions in a building contract. It sets out practical tips and guidance intended to help ensure that LADs provisions in a building contract will be enforceable. The parties must: • ensure that the building contract makes specific provision for the payment/deduction of LADs in the event of delay • retain any correspondence concerning the relevant clause(s) of the building contract, as it will be admissible as evidence of the reasons for the drafting of the liquidated damages clause and the level of LADs set by the contract • ensure that the building contract sets out a trigger date from which LADs will run and provision for this to be re-fixed to allow for any extension of time due to an act of prevention • be able to evidence the steps taken to estimate the loss that would result from late completion—keep a good record of how the...

Professional negligence claims—defendant steps—checklist

Professional negligence claims—defendant steps—checklist This Checklist sets out the position under the Pre-Action Protocol for Professional Negligence claims (the 'Protocol') currently in force. For general guidance on the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol. This Checklist should be read in conjunction with Practice Note: Professional negligence claims—pre-action protocol—defendant issues. For guidance on commencing a professional negligence claim (including with reference to a worked hypothetical set of pleadings and including a template precedent particulars of claim) which may assist a defendant with regard to what they may expect to face, see: • Practice Note: Starting a professional negligence claim—a practical guide • Practice Note: Pleading professional negligence claims—worked hypothetical examples • Precedent: Particulars of claim—professional negligence claim Professional receiving preliminary notice (professional negligence PAP) Requirement to acknowledge receipt of the preliminary notice within 21 days. In so doing, consider: • is any clarification required (unusual since the letter is required to do no more than notify)? • is it appropriate to make early admissions and/or assist the...

Contributory negligence in personal injury claims

Contributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a defendant wishes to pursue an allegation of contributory negligence they must allege, plead and prove that the claimant contributed to their injury by failing to take all reasonable care for their own safety.Section 1(1) of the Law Reform (Contributory Negligence) Act 1945 (LR(CN)A 1945) provides:‘Where any person suffers damage as the result partly of his own fault and partly of the fault of another person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but 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.’Courts express a finding of contributory negligence as a percentage or fraction...

Contributory negligence in road traffic accidents

NOTE: Major changes to the Highway Code came into force on 29 January 2022. The concept of a 'hierarchy of road users' was introduced to give vulnerable road users a greater degree of clarity over who has right of way at junctions. For further details, see The Highway Code and The Highway Code—8 key changes from 29th January 2022.For a claimant to succeed in a claim for personal injury, they must first establish that a common law duty of care was owed to them by the defendant and that the defendant was in breach of that duty. Further, that their injuries were caused by that breach of duty. For further guidance, see: Proving negligence or breach of statutory duty—overview.The issue of contribution on the part of the claimant may then arise. For the claimant also has a duty of care to protect themselves from harm and their actions may be in breach of that duty. The court will consider whether the claimant is contributorily negligent for their injuries such that...

Discover our 195 Practice Notes on Contributory negligence

Defence of a shop in a case of a tripping accident by a customer

Defence of a shop in a case of a tripping accident by a customer [ In the High Court of Justice OR In the County Court at [insert]] [ [Specify division] ] [ [Specify Specialist court] ] [ [Insert location] District Registry ] Claim No: [insert claim number] Between A B Claimant and X Y Defendant Defence 1 Paragraph numbers in this Defence refer to paragraphs in the Particulars of claim dated [insert date]. 2 Paragraph 1 of the Particulars of Claim is admitted. 3 Save that it is admitted that on [insert date] the Claimant reported to employees of the Defendant that she had suffered a fall on the premises and that the same was recorded in the Defendant’s accident book, the Defendant has no knowledge of the circumstances of the accident and requires the Claimant to prove the same. 4 Negligence, breach of statutory duty and causation as alleged at paragraph 3 of the Particulars of Claim, or at all, are each denied. Particulars...

Defence alleging contributory negligence in occupier's liability claim

Defence alleging contributory negligence in occupier's liability claim [ In the High Court of Justice OR In the COUNTY COURT AT [insert] ] [ [Specify division] ] [ [Specify Specialist court] ] [ [Insert location] District Registry ] Claim No: Between [A B] Claimant and [X Y] Defendants ________________________________________________ Defence ________________________________________________ 1 For the purposes of this action only, it is admitted that the Claimant’s fall while using a stile was caused by the Defendant’s negligence and/or breach of statutory duty under the Occupiers’ Liability Act 1957. 2 It is admitted that the Claimant sustained some injury as a result of the accident but the Defendant is unable to admit the extent of that injury for lack of knowledge. 3 It is the Defendant’s case that the Claimant’s accident was caused or contributed to by the negligence of the Claimant. The Claimant was negligent in that he: PARTICULARS OF NEGLIGENCE 3.1 failed to consider or chose to ignore that the stile was ‘poorly fixed, old and...

Dive into our 4 Precedents related to Contributory negligence

When acting for a claimant who was injured as a passenger in a road traffic accident, but was not wearing their seatbelt, what is the best approach to making a Part 36 offer in relation to liability particularly, where there are two defendants?

When acting for a claimant who was injured as a passenger in a road traffic accident, but was not wearing their seatbelt, what is the best approach to making a Part 36 offer in relation to liability particularly, where there are two defendants? In most road traffic accident cases involving injuries to passengers, it will be clear that the passenger bears no responsibility for the accident and the consequent injuries and it will not usually be difficult to identify the sole tortfeasor responsible. However, in some cases, while the accident must necessarily have resulted from negligence on the part of one or both of the drivers, the defendants may each have denied liability. In these circumstances, a Part 36 offer on liability is an important device to apply pressure to the defendants. Where the client’s instructions are clear that they were unrestrained, it is good practice to consider making a Part 36 offer on liability, but the claimant practitioner must be aware of, and advise the client...

Where a duty of care is owed, can constructive knowledge on the part of the claimant defeat a claim based on breach of the duty? In an alleged professional negligence claim, what are the general principles for determining what would have happened had proper advice been given?

Where a duty of care is owed, can constructive knowledge on the part of the claimant defeat a claim based on breach of the duty? In an alleged professional negligence claim, what are the general principles for determining what would have happened had proper advice been given? Constructive knowledge Constructive knowledge is deemed knowledge of a particular person regardless of whether that person had actual knowledge of the relevant matter. It applies in a number of situations, but commonly where an agent is acting for a principal—the knowledge of the agent, in respect of the matter that is within the scope of authority of that agent, is imputed to the principal. By way of example, a solicitor may act as agent for a client and, depending on the terms of the retainer, the solicitor’s knowledge may be imputed to their client. This is particularly relevant to claims that would otherwise be statute-barred as a result of the operation of the Limitation Act 1980 (see Jacobs...

See the 31 Q&As about Contributory negligence

PI & Clinical Negligence weekly highlights—28 November 2024

This week's edition of PI & Clinical Negligence weekly highlights includes expert analyses of the CJC’s final report on Pre-Action Protocols and the MoJ’s statutory review of whiplash injury regulations. We bring you details of the 175th Practice Direction update and the DHSC’s findings from the call for evidence on the statutory duty of candour. We also include our usual roundup of other news, cases and New Law Journal articles of interest.

PI & Clinical Negligence weekly highlights—14 November 2024

This week's edition of PI & Clinical Negligence weekly highlights includes news of the DHSC’s new package of zero-tolerance NHS reforms and minutes of the latest CPR committee meeting. We have two High Court decisions on a clinical negligence claim where allegations of fundamental dishonesty were rejected and a ‘hazardous kerb’ cycling accident claim which failed on appeal. We also include our usual roundup of news, cases and New Law Journal articles of interest.

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