#defences #law #negligence #tort
The court looks at what is just and equitable in all the circumstances of the case and will be likely to order a greater reduction if the claimant has contributed to the accident as well as his injury. In Froom v Butcher [1976] QB 286, Lord Denning suggested a reduction of 25 per cent if the wearing of the seat belt would have avoided injury and 15 per cent if it would have reduced it. However, these figures are not cast in stone and vary depending on all the circumstances. See also Stanton v Collinson [2010] EWCA Civ 81; Smith v Chief Constable of Nottinghamshire Police [2012] EWCA Civ 161.
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