The Existence of Contributory Negligence

Abstract Chapter 3 addresses the circumstances in which a court will make a finding of contributory negligence, as well as looking at whose claims will be affected by such a finding. Two requirements must be met before a claimant will be found to have been contributorily negligent. The first is that the claimant failed to take reasonable care in respect of their own safety or interests. The second is that this failure caused some or all of the claimant’s damage. After looking at these two requirements in turn, the rules regarding the circumstances in which the contributory negligence of a third party will be imputed to the claimant are considered.