Understanding Contributory Negligence – Can you Make a Claim if you are Partially Responsible?

In short, the answer is yes but this may have an impact on the overall damages which you receive. If you are involved in an accident and you are deemed to be partly to blame this is what is called, in legal terms, ‘contributory negligence’. It’s important in Personal Injury cases as it can be used to reduce the value of a claim and costs that may be paid to you.

It can often be flagged by the defendants, a solicitor or insurers, in personal injury claims. It's important to give your solicitor all the information so that they can work out who really was to blame. Here are some examples where contributory negligence may be used.

1) If someone was involved in a motor accident and their vehicle was found to have indicators that were not working correctly, then the owner of the other car which was in collision with them, could argue that the other driver was partially negligent as it is their responsibility to make sure the car is fit for the road. This would then be considered when deciding how much to award in damages. This could not only reduce the amount awarded for pain and suffering but also any associated costs like lost income, medical costs etc.

2) If someone fell in the street due to tripping over a small item (such as a flower tub) that had been placed on the pavement by the local council and made a claim, the council would argue that it was of such a height that they should have seen it, therefore the pedestrian could be partly responsible.

3) In an accident at work, if someone fell on a wet floor and there were warning signs, again they could be partially responsible as the company had done what they could to let them know the hazard was there. While the company might be partially to blame (perhaps they could have dried the floor quicker), they could successfully argue that they do not have full liability for the claim.

4) If someone fell down a step in a restaurant and they’d had a few glasses of wine, the restaurant could claim that the customer didn’t see the step, as their senses were impaired because of the alcohol they had chosen to buy from them.

5) If someone fell off a bike and wasn’t wearing a cycle helmet then if your accident was caused by a pothole in the road or a driver who knocked you off your bike then the local council or the Insurers for the drivers of the car could argue that if you had worn a cycle helmet then you wouldn’t have suffered a head injury or the injury you suffered would not have been as bad.

6) If you were injured in a car accident and you weren’t wearing a seat belt, then the Insurers of the driver responsible for your collision could argue that if you had worn a seat belt your injuries would not have been as bad.

7) If you were injured on a construction site and something fell on your head, and you were not wearing a hard hat then the company responsible for the accident could argue that the injuries you suffered would not have been as serious if you had worn a hard hat.

8) If you didn’t wear protective equipment at work you were issued with such as safety shoes and then something dropped on your foot and fractured your toe, your Employer could argue that you would not have suffered any injuries or that they would not have been as severe if you had worn the footwear.

9) If you slipped on some ice on a car park which had only been partly gritted and you didn’t walk on the gritted parts, then the owner of the car park could argue that you should have known it was icy and that you should not have walked on the parts which were not gritted.

10) If you were working in a factory on a machine and you failed to check the machine had been switched off or isolated before trying to clear a blockage and your hand became trapped your Employer could argue you were partly responsible for the accident by failing to ensure the machine had been first switched off or isolated.

This does not mean that you can’t bring a personal injury claim but you’d need to speak with our Personal Injury Solicitors  who will be able to advise you of what this means for your claim.