subject: Contributory negligence in personal injury claims [print this page] Contributory negligence in personal injury claims
A highly contentious and controversial issue within the realm of the legal profession is that of contributory negligence as many people feel that it is an artificial means of reducing the financial responsibility of a negligent person who causes harm to another. Others are of the opinion that rather than denying justice, it actually helps to ensure that it is respected and achieved.
Contributory negligence is without a doubt, one of the most basic defences to any personal injury claim. As the name of this legal doctrine would perhaps indicate to the reader, it refers to the process whereby a person who is bringing a legal action in regards to damage they have suffered as a result of the negligence of another person, is entitled to a lesser amount of compensation. The reason for this is that they have contributed in some way to their own injuries.
For example, a person who was involved in a car accident and was not wearing a seatbelt at the time of impact will find that in all likelihood, they will receive a much lower degree of compensation.
Whenever the personal injury case is brought before the court, the magistrate presiding over the case will listen to the accounts of both parties and will hear evidence. They will then have to make a determination and ruling as to what extent the defendant is responsible for the damage caused, and this will be done on a percentage basis. From there, the court will then determine to what extent the plaintiff is responsible for the damage sustained.
It is worth noting that if the level of culpability of the plaintiff is ruled to be more than 50% then they will not receive any compensation whatsoever. The reason for this is that it is a legal illogicality that a person can be primarily responsible for their own harm and yet, be able to recover damages from another. Summarised as "volenti non fit injuria" or "harm befalls he who is willing", the law is of the opinion that a person should not be entitled to benefit from their own carelessness and especially at the expense of another.
Contributory negligence maybe raised as an issue by the solicitor for the defence, but, ultimately, it is at the discretion of the court to determine whether the argument is meritorious and whether or not it should actually be applied even if it is valid.
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