(b) Although not strictly a defence for negligence, the application of the concept of contributory negligence can be used to reduce the amount of damages awarded in a particular case. It arises where the party making the claim is found to have contributed, through their own fault, to the injury they sustained. The onus is on the defendant to show that the claimant was at fault and contributed to their own injury. An early example of the principle may be seen in Jones v Livox Quarries (1952) in which a claimant was found to have contributed to their own injury by showing a lack of care for their own safety by riding on the back of a dumper truck. Another example may be found in Sayers v Harlow (1958) in which the damages awarded to a woman, who was injured escaping from a public toilet in which she had been trapped due to a defective lock, were reduced as her injuries had been exacerbated by the manner in which she tried to make her escape by climbing out of it. If contributory negligence is demonstrated, then the level of damages awarded will be reduced in line with, and will depend upon, the extent to which the claimant’s fault contributed to the injury sustained (in Jayes v IMI (Kynoch) (1985) the award suffered a 100% reduction). |
