Contributory Negligence In Professional Negligence Claims

What Is Contributory Negligence?

Contributory Negligence is when the claimant (meaning the person bringing a claim) contributed towards their damages in some way. According to the law in England and Wales, this could mean that the claimant failed to mitigate their loss. Or, it could mean that the claimant is partly at fault for the incident.

For example, imagine a builder unknowingly damages a water pipe. The following day, the homeowner realises what has happened. However, he does not organise a repair for another week, by which point significant damage has been caused. In this case, the homeowner has failed to mitigate his losses, making him partly responsible.

In the construction industry, the issue of Contributory Negligence can also arise between a main contractor and a sub-contractor. A main contractor is not usually liable for an independent sub-contractor’s negligence, although there are some exceptions to this rule.

Contributory Negligence is a legal defence that can be applied in professional negligence claims.

If you would like to make a Professional Negligence Claim, or someone is threatening to sue you, please contact us. We can advise whether Contributory Negligence could have an impact on your case.

What Does It Mean For My Claim?

If you are making or defending a Professional Negligence Claim, it is necessary to consider whether Contributory Negligence is a factor. It can have a significant bearing on the outcome of the case. It could cause the claim to fail, or it could lead to a claim against more than one defendant.

If the claimant is found to be partly at fault, their compensation settlement will be reduced to reflect their involvement.

 

Altion Law works with both professionals who are concerned about potential negligence claims, as well as people who wish to bring a claim against another party.

If you are Defending A Professional Negligence Claim, we can examine all the possible defences available to you, including that of Contributory Negligence. This could result in the claim against you being dropped, or a reduced settlement.

If you are Making A Professional Negligence Claim, we can argue against Contributory Negligence, working to highlight why you are not wholly or partially to blame for your losses. We ensure you get all the compensation you deserve.

To make a free enquiry, call us today on 01908 414990, or complete our Free Enquiry Form and request for a confidential, no obligation discussion and let one of our expert team discuss your situation and the options available to you.