When someone is injured because of another party’s negligence, they can sometimes claim compensation via a personal injury claim. In these cases, the injured party (or the claimant) may receive compensation from the responsible party’s (the defendant) insurers.
However, personal injury law can be complex and several factors can influence the outcome of a claim. One such factor is contributory negligence. Contributory negligence refers to a situation where the claimant is partly responsible for the accident and their injuries.
This concept is crucial in personal injury cases as it can significantly impact the amount of compensation awarded. As such, this article sets out to explain what contributory negligence is, how it affects personal injury claims and what you need to know if you decide to claim on this basis.
What is negligence in a personal injury claim?
Negligence is a fundamental principle in personal injury law. It occurs when one party fails to exercise reasonable care and causes harm to another.
If you are injured and decide to seek compensation, you must prove that the defendant’s negligence caused your injuries. The standard elements of negligence include:
- Duty of care. This means that the defendant owed you a legal duty of care;
- Breach of duty. The duty was breached by the defendant as a result of their actions or omissions.
- Causation. The breach of duty caused you to be involved in an accident.
- Damages. You suffered physical, psychological or financial harm as a consequence of the accident.
Negligence and contributory negligence differ in that contributory negligence involves the claimant’s actions being partly to blame for their injuries.
If you can prove that negligence by the defendant was solely to blame for your accident and injuries, you are far more likely to receive a full compensation payout.
However, if the defendant (or their insurer) argues that the claim should be settled based on contributory negligence, your settlement could be reduced accordingly.
Common examples of negligence in personal injury claims
Here are some of the more clear-cut examples of negligence in personal injury claims:
- Road Traffic Accidents. A driver caused a rear-end collision because they were distracted by their mobile phone.
- Workplace injuries. Where an employer causes a member of staff to be injured because they didn’t provide safety boots.
- Public liability claims. Where you fell down the stairs in a public building because of an unrepaired loose handrail.
- Medical negligence. Where a doctor failed to refer you for specialist tests despite you showing the symptoms of cancer.
Negligence on its own does not allow you to claim compensation. Instead, you must be able to prove that the defendant’s negligent actions have caused you some form of harm.
Definition of contributory Negligence
In UK law, contributory negligence occurs when the claimant is partly at fault for their injuries. This concept is defined and governed by the Law Reform (Contributory Negligence) Act 1945. According to this piece of legislation, if a claimant is found to have contributed to their harm, their compensation may be reduced proportionately to their degree of fault.
Here are a few examples of how contributory negligence could occur:
- Road Traffic Accident. A driver who was hit by another car but was not wearing a seatbelt. The other driver is primarily responsible for the accident occurring but the claimant’s injuries could be deemed to have been caused by contributory negligence.
- Workplace injury. An employee failed to follow agreed safety procedures and was injured while operating workplace machinery. In this case, the employer could be held liable for the accident because they failed to enforce safety measures but the level of compensation awarded could be reduced because of the employee’s negligence.
- Public liability claim. A customer in a supermarket slipped on a spill that hadn’t been cleaned up in time. While the supermarket may be liable for not addressing the spill, the customer was running in the aisle despite clear warnings against doing so.
- Medical negligence. A patient received the wrong dosage of medication due to a doctor’s prescription error. While the doctor may be liable, the patient ignored the pharmacist’s advice to question the unusually high dose and continued taking the medication despite feeling adverse effects.
If contributory negligence is found to have contributed towards an accident or injuries, the claimant could face a lower compensation settlement than they might have expected. As such, you may need to argue your case to try and reduce the level of blame apportioned to you.
Legal framework for contributory negligence in the UK
The Law Reform (Contributory Negligence) Act 1945 is the primary law that defines contributory negligence in the UK. This law allows for a reduction in compensation proportionate to the claimant’s share of fault. Contributory negligence on a case-by-case basis, considering the specifics of each incident and can be adjusted according to:
- Proportionality. If the claim is successful, any compensation awarded is reduced according to the claimant’s level of fault.
- Reasonableness. The claimant’s actions are measured against what a reasonable person would have in the same or similar circumstances.
- Causation. To claim contributory negligence, the defendant will need to prove that the claimant’s negligence played some part in their injuries.
How contributory negligence affects personal injury claims
As we have shown already, contributory negligence directly impacts the amount of compensation a claimant can receive. If contributory negligence is established or agreed upon during negotiations, the total level of compensation will be reduced in proportion to the claimant’s degree of fault.
The process of determining contributory negligence involves:
- Investigating the incident. This involves both parties gathering evidence such as witness statements, CCTV or dashcam footage and investigation reports (from the police or the Health and Safety Executive (HSE) for example).
- Evaluating actions. Assessing how the claimant acted in comparison to what might be expected by others given the same set of circumstances.
- Legal analysis. Applying legal principles and standards to help determine the level of the claimant’s fault.
Usually, contributory negligence results in the level of blame being expressed as a percentage and compensation being reduced accordingly. Here are some examples:
- 25% fault. If a claimant is found 25% at fault for their injuries and the total damages were calculated at £10,000, their compensation would be reduced by 25%, resulting in a payout of £7,500.
- 50% fault. For a claimant found 50% at fault, the same £10,000 would be reduced to £5,000.
As you might imagine, insurance companies might try to apportion some level of blame to the claimant wherever possible to try and reduce the level of compensation they have to pay. This is another reason why it might make sense to take on a solicitor who has experience in handling contributory negligence claims.
Legal advice and representation
If contributory negligence is suggested, seeking legal advice can be crucial. If your claim is strong enough, a personal injury solicitor may offer to help with the complexities of such a claim to try and ensure a fair outcome.
If your claim is taken on by a personal injury solicitor, as part of their service, they may offer to:
- Collect evidence. This may involve using any evidence you’ve provided plus seeking out further information where needed to prove your case.
- Build a strong case. Using the evidence they’ve secured, your solicitor will try to build as strong a case as possible.
- Negotiate contributory negligence. Your solicitor will try to reduce your level of blame for the accident and your injuries if there is evidence available to do so.
- Negotiate a settlement. Your solicitor will fight your corner to try and achieve the right level of compensation if they believe the defendant’s insurer’s offer is too low.
If your case is taken on, your solicitor will review your case to see if contributory negligence is actually a factor in your claim. If it’s not, or the level claimed by the defendant is too high, they may argue your case during negotiations or in court if required.
Our solicitors provide a No Win, No Fee service for any claims they accept. This means that your solicitor won’t need to be paid for their work unless you are compensated. If you are awarded compensation, you’ll have a success fee deducted from it but, for your protection, this is legally capped.
Conclusion
Contributory negligence is a critical concept in personal injury claims which can reduce the amount of compensation a claimant’s awarded even if your claim is successful.
Insurance companies might therefore allege contributory negligence in an effort to pay you less compensation. As such, understanding this concept and how it applies to various scenarios could help you to argue your case and receive a fair compensation offer.
Taking on legal representation may also be a good way to help ensure that you are not overwhelmed by legal complexities and forced to accept that you were partly to blame for your accident and injuries when you were not.
Please get in touch if you’d like to know more about how contributory negligence claims work.
