Defining Contributory Negligence
You could be eligible to claim compensation for injuries you sustained, even if you contributed to them.
£85 million in compensation
Defining Contributory Negligence
You could be eligible to claim compensation for injuries you sustained, even if you contributed to them.
Contributory Negligence In Compensation Claims
Contributory negligence is a partial defence that is used in some personal injury compensation claims. It occurs when the defendant successfully argued that the claimant was, at least in some part, responsible for their own injuries. If the defendant is offering you a settlement based on this concept, then this will mean that any compensation will be reduced to reflect your contribution to the injury. In the guide below, we have broken down the concept of contributor negligence for your understanding.
Key Takeaways
- Contributory negligence differs from split liability in that split liability is when the claimant is partially responsible for the accident.
- You could make a personal injury claim if you can prove that a liable party was at least partially responsible for the accident that caused your injuries.
- Even if you contributed to your injuries, you may still be awarded compensation.
- The amount of compensation you could be awarded will be reduced by how much of the responsibility you have for your injuries.
One of our solicitors could help with your compensation claim on a No Win No Fee basis, even if you are partially responsible for your injuries. By contacting one of our advisors, they can assess whether you have good grounds to move forward with a claim. If you do and you would like to continue with our services, they can connect you with one of our solicitors. To speak to an advisor:
- Call 0151 375 9916
- Get in touch using our contact us form.
What Is Contributory Negligence?
Contributory negligence is defined as ‘where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons’. This is set out in the Law Reform (Contributory Negligence) Act 1945.
Simply put, it means that if you suffered an injury in an accident that wasn’t your fault, you could still be somewhat liable for your injury. For example, if you were in a car accident, but were not wearing your seatbelt. As a result of your failure to adhere to road safety laws, you suffered worse injuries than you would have otherwise.
Please continue reading to learn more about contributory negligence cases.
How Will Contributory Negligence Impact A Compensation Claim?
The Law Reform (Contributory Negligence) Act goes on to explain that your settlement will be reduced by the percentage of your responsibility for the injuries you sustained. For example, if you are deemed 30% responsible for your injuries, then that is how much your compensation will be reduced by. However, the defendant will have to prove that contributory negligence occurred.
If you have any questions so far about what is contributory negligence and how will it affect your compensation, speak to an advisor.
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What Are Some Examples Of Contributory Negligence?
In different areas of life, several third parties such as road users, employers, and those who control public spaces have a responsibility for others’ safety. Additionally, individuals too have a responsibility for their own safety. Therefore, this is how contributory negligence comes about when both parties fail in this respect. To help illustrate this, we look at a few examples below.
Accidents At Work
Employers are tasked with taking reasonable steps to keep employees safe. This could include: ensuring they are sufficiently trained, providing necessary PPE and risk assessing the workplace.
An example of contributory negligence would be: a construction worker was provided with a hard hat. However, they failed to wear it when another employee, not looking, dropped tools from a scaffolding, hitting his colleague on the head.
Accidents In Public
Whilst in public spaces, the occupier must take steps to ensure that visitors are reasonably safe while on the premises. For example, your child was skating in an indoor skating park. The faulty ramp, which the manager was aware of but didn’t repair, collapsed. Your child suffered a head injury. However, they were not wearing the required helmet.
Road Traffic Accidents
All road users must navigate with due care and attention for their safety and that of others. For example, a cyclist is not wearing a helmet and is involved in a collision with a car. It is found that their brain injury is more severe than it would have been if they had been wearing their helmet.
An advisor can discuss what is contributory negligence and the exact scenario that caused your injuries. Get in touch today.
When Contributory Negligence Has Occurred, How Is Liability Determined?
Determining liability in contributory negligence claims will look at the behaviour and actions of both yourself and the person or organisation against whom you are claiming.
This will consider your behaviour and whether you could have reasonably foreseen that your actions could have caused an injury or a more severe injury than that you would have suffered otherwise.
If you have any questions about how your liability for your injuries will be determined, call an advisor to discuss what is contributory negligence.
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Get Help With Contributory Negligence From JF Law
A solicitor from JF Law can help negotiate a contributory negligence claim. Having legal support with these types of claims can help ensure that you are adequately compensated for the defendant’s share of the damages you suffered.
Our solicitors can handle contributory negligence claims on a No Win No Fee basis. This will be done under the Conditional Fee Agreements Order 2013. What this means is that:
- Your solicitor won’t ask for a fee to cover their services when the claim commences or as it is ongoing.
- They also won’t take a solicitor’s fee if the claim is unsuccessful.
- A success fee will only be deducted from your compensation if your claim is successful. The law places a limit on the percentage that can be taken.
Contact Our Solicitors
If you have any questions related to what is contributory negligence, please reach out to an advisor. As part of your free consultation, they can advise on whether you have good grounds to move ahead with a claim. If you do, you could be connected to one of our solicitors. To get in touch:
- Call 0151 375 9916
- Get in touch using our contact us form.
Learn More
Here are a few further legal glossary pages to help with your personal injury claim:
- A more detailed explanation of what a Conditional Fee Agreement means for your claim.
- Find out whether compensation is taxable.
- Learn how compensation could be awarded with our pages on general damages and special damages.
Here are a few external resources that may help you:
- Information about the Solicitors Regulation Authority (SRA).
- Government guidance on how to claim Statutory Sick Pay (SSP).
- NHS advice on when to call 999.
Get in touch to further talk about what is contributory negligence and start your claim.
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