HCR Law Contributory Negligence in Public Liability Matters

INTRODUCTION

This note sets out examples of contributory negligence arising in public and occupiers’ liability claims. The cases illustrate:

A. Failures by occupiers to properly assess, manage, or guard against foreseeable risks to lawful visitors;

B. Cases where the Claimants contributed to their injuries through risk-taking, intoxication, failure to follow instructions, or lack of reasonable care (including children); and

C. An example where contributory negligence was not established, despite exposure to an obvious risk and limited opportunity to react.

Contributory negligence cannot amount to 100%, as this would negate any breach of duty on the part of the Defendant

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