A defendant’s damage may be reduced where it can be proven that their own unreasonable behaviour contributed to their harm, this can include unreasonableness produced by the consumption of alcohol provided by the defendant.

CASE SUMMARY

Claimant: Brannon

Defendant: Airtours

Facts: The claimant was enjoying an all-inclusive holiday provided by the defendants. One evening at a party, where unlimited alcohol was available, the claimant became injured after climbing on a table, an act he had been warned not to do.

Outcome: Liable – Contributory negligence successfully applied.

Legal principle: Whilst the defendants did owe a duty of care to the claimant as they were providing unlimited amounts of alcohol, to reflect the unreasonable nature of the claimant’s actions, contributory negligence was proved, and the damages were reduced by 60%.