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#defences #law #negligence #tort
The claimant’s fault must contribute to this injury, although it need not contribute to the accident. Therefore, failure to wear a seat belt will be contributory negligence if wearing a seat belt would have reduced or avoided injury (Froom v Butcher [1976] QB 286) (see below). Also, failing to wear a crash helmet (O’Connell v Jackson [1972] 1 QB 270) or even failing to wear a crash helmet properly (Capps v Miller [1989] 1 WLR 839) can contribute to a person’s injury.
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