What is contributory negligence?
Essentially, when this term is thrown into the mix within a claim for personal injury, one party (the Defendant, usually) is suggesting the blame be split between the parties, and that there is fault on both sides. The split can be 50/50, however, can vary dependant on a number of factors which can differ case by case.
For example, Party A crashes into the back of Party B’s vehicle, however, both parties are under the influence of alcohol at the time. Party B makes a claim for personal injury as a result of the incident, and Party A claims contributory negligence on the basis that Party B was under the influence at the time, making both parties at fault for the incident. Subsequently, the action the Claimant has brought is affected in terms of the damages awarded.
The term, in essence, is suggesting that the injured party is considered to be partly to blame for the incident, loss and the injuries sustained. The Defendant proposes a split in liability, often, in defence of the claim being made against them. If agreed, this will, subsequently, affects the damages awarded.
If you are bringing about a claim, and the same is put forward, our accident injury solicitors will be able to advise you accordingly as to whether the same is reasonable or not. Each case is different and the same would be assessed on the facts of the case, together with the prospects of success if the same were to be rejected.