In our latest post we bring you an explanation of the principle of contributory negligence and the role it plays in the UK legal system.
In many accidents, there is more than one party to blame. Common examples of this include an accident at work that involves workers not following procedures to the letter, by not using the proper procedure or by using makeshift equipment to complete their tasks. A common example in road traffic accidents is where one party is to blame for the collision and the other party’s injuries are aggravated by the fact that they are not wearing a seatbelt.
Many people believe that if they played any part in the accident themselves, they will not be able to make a claim against the person or organisation who was mainly responsible.
However, even if you were partly to blame for the accident and the severity of the injuries that you received, you can still make a claim. This is known as contributory negligence and you can read more about the role contributory negligence played in a recent UK case here.
In most cases where there is contributory negligence, the level of compensation that they injured party is entitled to will be reduced to reflect the impact of their negligent actions. For example, it may be agreed that the level of compensation should be reduced by 25%.
Therefore, claimants who contributed to the accident and the severity of the injuries they received can still be entitled to compensation. The reduction made to the compensation will vary widely on a case-by-case basis.
You can find out more contributory negligence in England and Wales here.
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We believe that the legal world is full of unnecessary legal jargon. We bring you easy to understand explanations of legal terminology.