Contributory Negligence in Personal Injury Claims

Introduction

Contributory negligence is a feature of many cases. It can be referenced, mentioned or alluded to from the outset and is often raised in pre-issue offers, whether expressed as a percentage reduction or in monetary terms. Once proceedings are issued, contributory negligence may be formally pleaded.

But what are the realities behind those assertions? Did the Claimant’s own alleged negligence actually contribute to the loss or injury? If so, to what extent? And ultimately, what finding or deduction is likely to be made by the court?

The case law in this area is extensive. This webinar will focus on the key scenarios in which contributory negligence is likely to arise. It will consider the varying factual circumstances, the applicable case law and importantly, how those principles may apply to the case in question.

What You Will Learn

This webinar will cover the following:

• Helmets - When can a failure to wear a helmet amount to contributory negligence and what reduction in damages might follow?
• Seatbelts - How do the courts approach claims where a failure to wear a seatbelt has contributed to the severity of the Claimant’s injuries?
• Passengers with intoxicated drivers - When can a passenger be found contributorily negligent for choosing to travel with a driver who is intoxicated?
• Mobile phones when crossing the road - Can using a mobile phone while crossing the road amount to contributory negligence and in what circumstances?
• Dangerously crossing the road - How do the courts assess the conduct of pedestrians who cross the road in an unsafe manner?
• Intoxication generally - When will a Claimant’s consumption of alcohol or drugs justify a finding of contributory negligence?
• Failing to wear PPE at work - What factors will the court consider when deciding whether an employee’s failure to use appropriate PPE contributed to their injury?
• Not paying attention and slipping/tripping - When does a Claimant’s lack of attention become a genuine contribution to an accident rather than an attempt to shift responsibility?
• Careless driving - How will responsibility be apportioned where the Claimant’s own driving has contributed to the accident or resulting injuries?