If you’ve been injured in an accident, understanding contributory negligence is very important as it could reduce the amount of compensation you’re entitled to receive. But what is contributory negligence?

In this article, we’ll explain what contributory negligence is, how it applies to personal injury claims, give you some examples and discuss how it could affect your case.

Contributory negligence definition

Contributory negligence is a defence tactic that is often used during personal injury compensation claims. It allows the defendant to argue that the claimant was partially responsible for their injuries — if this defence is successful, the compensation awarded to the claimant can be reduced based on their level of responsibility.

Contributory negligence was written up in the Law Reform (Contributory Negligence) Act 1945, a piece of legislation that allows courts to adjust compensation levels when both the defence and claimant are at fault.

For contributory negligence to apply to your case, the following must be true:

  • You failed to take reasonable care for your own safety.
  • This failure caused or contributed to the injury you suffered.
  • The harm was reasonably foreseeable as a result of your actions.

Be sure to remember that the defendant has to prove that you were partially negligent for contributory negligence to apply.

Contributory negligence and personal injury claims

As we’ve mentioned, contributory negligence can and often does feature in personal injury claims. The main types of claims where this might be relevant are as follows:

  • Contributory negligence in workplace accident claims — If you are an employee involved in a workplace accident, contributory negligence might come up as a defence tactic if you failed to follow safety procedures, ignored training or didn’t wear correct PPE.
  • Contributory  negligence in road traffic accident claims — If you are involved in a road traffic accident, if you were not following the rules of the highway code, you might receive a reduced compensation amount. This might be not wearing a helmet while cycling, not wearing a seatbelt while driving or ignoring traffic signals.
  • Contributory negligence in slips, trips and falls claims — If you have been involved in an accident where you slipped, tripped or fell due to negligence, you might have your total reduced for a few reasons. This could be because you ignored hazard signs or acted unsafe at height.

All of these claims can be affected by contributory negligence. The way that your compensation can be affected is by a percentage equivalent to your share of the blame. For example, if you are found to be 25% at fault for your injuries, you would have 25% of your compensation docked.

This exact reduction will be decided by the court and can lead to a substantial decrease in the overall compensation awarded — making it essential to defend against claims of contributory negligence effectively.

Get in touch

If you’ve been injured in an accident and are concerned about contributory negligence affecting your claim, we can help. Our expert solicitors will evaluate your case, defend against unfair allegations and work to secure the compensation you deserve. Get in touch today. Call us on 0161 904 4661 or Start your claim online