Professional Negligence
7. Contributory Negligence
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Aug 2015
- Depending on the circumstances of the case the court may need to determine whether the plaintiff has also been negligent by failing to take precautions against the risk of the harm. This is referred to as contributory negligence.
- The standard of care required of the plaintiff in order to prevent a finding of contributory negligence is that of a reasonable person in the plaintiff's position. What a reasonable person would have done is considered in light of what the plaintiff knew or should have known at the relevant time.
- If the plaintiff is found to have contributed to the loss through their own negligence then the court may reduce the damages by the percentage of blame that the court feels the plaintiff should bear for their own injuries. The court can reduce damages by up to 100% in rare cases if the court believes it is just and equitable to do so.
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