Contributory negligence is when an injured person (the claimant) is partially at fault for an accident or for the injuries they suffered.
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What is Contributory Negligence?
Contributory negligence is a principle of law that applies when an injured person (the claimant) is partially at fault for an accident or for the injuries they suffered. In such cases, they still have the right to make a claim, but their compensation may be reduced to reflect the share of their blame.
Contributory negligence can apply to all types of personal injury claims, including road traffic accidents, workplace accidents and accidents in public places. There are some situations where the way this principle is applied may differ, for example in claims involving children or protected parties.
This guide explains the legal principle of contributory negligence, how it may affect your claim, and what you can do if the defendant argues that you were partly at fault for an accident.
Table of Contents
What is negligence in personal injury claims?
Negligence is an essential element that must be proven to make a successful personal injury claim. It means that the defendant has failed to act as a reasonable person would have in similar circumstances, resulting in injury or death. The elements of negligence include:
- Duty of care: A legal obligation to act with reasonable care and avoid causing harm to others. It is imposed by legislation such as the Health and Safety at Work Act 1974 and the Road Traffic Act 1988.
- Breach of duty: Occurs when the defendant fails to meet the standard of care, either by action or inaction. For example, a driver speeding or a restaurant failing to signpost a wet floor.
- Causation: Refers to the direct link between the defendant’s negligence and the claimant’s injuries.
- Damages: The actual harm suffered by the claimant, such as physical pain, suffering, mental distress and financial losses.
What is meant by contributory negligence?
Contributory negligence is a partial legal defence in personal injury cases. Simply put, it means that the claimant’s own actions or inactions played a part in causing their accident or worsening their injuries.
In other words, the claimant did not take reasonable care for their own safety, and their negligent actions contributed to the harm they suffered. This does not remove their right to make a personal injury claim and seek compensation for pain, suffering and financial losses.
Instead, if contributory negligence is established and the claim is successful, the compensation awarded will be reduced based on how much the claimant is deemed at fault. This ensures a fair outcome that reflects the shared liability.
Can I still make a claim if contributory negligence is established?
If you suffered harm that you believe was due to someone else’s fault, a personal injury solicitor can help you initiate a claim against the party you hold liable. Once the defendant receives a letter of claim, there are three ways in which they can respond:
- They can admit being entirely at fault for the accident.
- They could deny being at all at fault for the accident.
- They could admit partial liability and argue that you also share some part of the fault.
If the defendant argues contributory negligence, the burden of proof falls on them. They must produce relevant evidence to show that:
- You failed to exercise reasonable care for your own safety.
- This failure contributed to the injury or damage you suffered.
- Harm was a reasonably foreseeable result of your actions.
If the defendant manages to prove contributory negligence, this does not mean that you will be barred from starting a claim. However, the compensation you receive will be reduced to reflect your part of the blame, as detailed below.
How does contributory negligence affect personal injury claims?
Contributory negligence does not usually affect your right to claim compensation for injuries sustained in an accident, even if you were partially at fault for it. However, it will likely impact the damages you are entitled to recover from the defendant.
This is dictated by the Law Reform (Contributory Negligence) Act 1945, which states that compensation should be reduced according to your share in the responsibility for the damages incurred. The steps are:
- Your solicitor will first determine the value of your claim based on your injuries and the related losses, without considering contributory negligence.
- If the defendant succeeds in proving that you were partially at fault, this will be expressed as a percentage (for example, you may be held 25% liable if you weren’t wearing a seatbelt when you were injured in a road traffic accident).
- Your compensation will be reduced according to the degree of fault assigned to you.
For example, if your claim is valued at £40,000 but you are found to be 25% at fault, your compensation would be reduced to £30,000.
How is contributory negligence proven in a claim?
When making a personal injury claim, the initial burden of proof falls on the claimant. However, if the defendant alleges contributory negligence, this burden shifts to them.
They must provide convincing evidence that the claimant’s conduct fell below what a reasonable person would have done in similar circumstances. This typically includes:
- Photos of the accident scene and the hazards that caused it.
- Witness statements describing how the accident occurred.
- CCTV or dashcam footage showing the claimant’s actions before the incident.
- Accident or police reports documenting the circumstances.
- Expert evidence, such as medical reports or accident reconstruction analyses.
If contributory negligence is proven, the court will decide what percentage reduction is just and equitable in the circumstances of the case. This is not fixed, and can vary depending on the facts.
Can I defend contributory negligence?
Yes. You have the right to challenge or defend the defendant’s allegations of contributory negligence. This can make a significant difference to the amount of personal injury compensation you receive if your claim is successful.
To defend being partly to blame for the accident or your injuries, you can argue that:
- You acted as a reasonable person would have done in the same circumstances.
- The defendant’s negligence was the primary or sole cause of the accident.
- You would have suffered the same outcome even if you had acted differently.
- The accident or your injuries could not have been reasonably foreseen.
- The defendant has insufficient evidence to prove contributory negligence.
To defend your claim, you need to gather as much evidence as possible, including photos, videos, CCTV footage, witness statements, medical reports and expert testimony.
Common examples of contributory negligence in personal injury cases
Contributory negligence is a common defence strategy used in personal injury cases to reduce the level of compensation awarded to the claimant. The most common examples include:
Road traffic accidents
- Failing to wear a seatbelt.
- Stepping out in front of a vehicle without looking.
- Crossing the road without using a designated crossing.
- Riding a bike or motorcycle without wearing a helmet or protective gear.
- Getting into a car with an intoxicated driver.
- Driving above the speed limit or too fast for the road conditions.
- Using a phone while driving.
Accidents at work
- Not using the personal protective equipment provided to you.
- Ignoring clear warnings or safety instructions.
- Operating machinery under the influence of drugs or alcohol.
- Not following health and safety rules.
- Using a faulty ladder or other equipment.
- Not following your training, such as proper manual handling techniques.
- Failing to report known hazards or defective machinery.
Accidents in public places
- Failing to pay attention to warning signs.
- Having an accident while intoxicated.
- Running or acting recklessly.
- Entering a restricted or unsafe area.
- Wearing inappropriate footwear for the ground conditions.
- Being distracted and not paying attention to your surroundings.
If contributory negligence is successfully argued, the compensation awarded to the injured party will be reduced to reflect their part of the blame.
Key takeaways
Contributory negligence applies when you are partly responsible for an accident or your injuries. It does not prevent you from making a personal injury claim, but your compensation may be reduced to reflect your share of fault. The defendant must prove contributory negligence with credible evidence, and you have the right to defend it.
For more details on how contributory negligence may affect your claim, call 0800 470 0472 today or request a call back. You will receive a free, no-obligation consultation with a friendly legal adviser.
