Study Notes
Key Case | Stanton v Collinson (2010) | Contributory Negligence
- Level:
- A-Level, BTEC National
- Board:
- AQA, Edexcel, OCR, IB, Eduqas, WJEC
Last updated 10 Oct 2020
The defence of contributory negligence can apply in circumstances where it is proven that the unreasonableness of the claimant only increased the severity of the injury.
CASE SUMMARY
Claimant: Stanton
Defendant: Collinson
Facts: The defendant was driving when they negligently caused a car accident. The claimant passenger was sat in the front passenger seat with another person on their lap, neither were making use of the seatbelt. The claimant suffered serious injuries as a result of the incident and the defendant sought to rely upon the defence of contributory negligence.
Outcome: Liable – Contributory negligence successfully applied.
Legal principle: Whilst the defendant was at fault the damages awarded to the claimant were reduced by 15% as although it could not be proved that he would not have suffered any injury whilst wearing his seatbelt, evidence was that it was likely that the injuries would not have been as significant.