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#defences #law #negligence #tort
The claimant is only contributorily negligent if his injuries are caused by the risk the claimant ran. For example, in Jones v Livox Quarries (above) the plaintiff ran the risk that he would fall from the vehicle if he rode in an unsuitable position. He would not have been contributorily negligent if he had been struck by a rock whilst on the tow bar, since that was not the risk he was running. If it is established that the claimant is at fault, the court will take account of this by making a reduction from the sum of damages to be awarded to the claimant. The court has a discretion on how great a reduction to make. The claimant’s degree of culpability will generally be expressed in percentage terms, taking into account the respective culpability of the defendant and claimant. An equivalent percentage of the damages will then be deducted from the claimant’s award.
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