What is contributory negligence?

To make a successful claim for a personal injury, you must prove that another party is to blame for it. However, you are still entitled to claim compensation even if you were partially at fault for the accident or the resulting harm, which is known as contributory negligence.

With contributory negligence, the burden of proof lies with the defendant. They must be able to prove that you failed to care for your own safety, and this has contributed to your injuries.

If this can be established, any compensation awarded to you will be reduced proportionally to your degree of fault. Examples of contributory negligence include not wearing a seatbelt in a road traffic accident or ignoring a wet floor sign in a public place.

To learn more about contributory negligence and how it may affect a compensation claim, continue reading our guide below. Alternatively, call 0800 470 0474 for a free consultation with a legal adviser or request a call back.

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Table of Contents

• What is contributory negligence in personal injury claims?
• Can I still make a claim if contributory negligence is established?
• How does contributory negligence affect a compensation claim?
• Who must prove contributory negligence?
• What evidence could be used to determine contributory negligence?
• How can I defend contributory negligence?
• Examples of contributory negligence in personal injury cases
  • Road traffic accident claims
  • Workplace accident claims
  • Medical negligence claims
  • Public place accident claims
• Is it still worth making a personal injury claim if I was partially at fault?

What is contributory negligence in personal injury claims?

In personal injury claims, contributory negligence is a common defence used by defendants and insurance companies to try to reduce their liability for compensation.

This involves proving the claimant’s own careless actions contributed in some way to the accident that caused their injury or worsened the injury itself.

The legal basis for this is the Law Reform (Contributory Negligence) Act 1945. This Act allows courts to reduce the amount of damages awarded to a claimant by a percentage that reflects their own degree of fault.

Your personal injury solicitor will assess whether contributory negligence might apply to your case and advise you on its potential impact on your compensation prospects.

Can I still make a claim if contributory negligence is established?

To be eligible for compensation for a personal injury, a claimant must be able to establish the following:

• The defendant owed you a legal duty of care.
• They failed to meet this duty, whether through negligent actions or omissions.
• Their negligence caused or contributed to your injury.
• You suffered harm as a result, such as physical, emotional and financial damage.
• You are within the legal time limit to start a claim (usually three years).

So, even if you were partly at fault, you can still claim compensation as long as these criteria are met.

It is essential to keep in mind that you can still make a claim even if you were more than 50% to blame for your accident or injuries. Your compensation will simply be reduced to reflect your degree of contributory negligence.

How does contributory negligence affect a compensation claim?

Contributory negligence does not affect your right to seek compensation if you were injured in an accident for which you were partially responsible (unless it was 100% your fault).

However, it will affect your claim by reducing the total amount of damages awarded based on the percentage of blame assigned to you.

As mentioned above, this is based on the Law Reform (Contributory Negligence) Act 1945. The Act states that, if you are found contributorily negligent, your compensation will ‘be reduced to such extent as the court thinks just and equitable having regard to your responsibility for the damage incurred’.

The process works like this:

• First, your solicitor and the defendant’s insurer (or the court, if your case goes to trial) will determine the full value of your claim, without considering your contributory negligence.
• Next, they will assess the degree to which you were responsible for your injuries, which will be expressed as a percentage.
• Finally, your total damages will be reduced by that percentage.

For example:

• Let’s say you were injured by a speeding driver while crossing the street outside a zebra crossing and you suffered a broken arm, a broken pelvis and a concussion.
• Your total damages, including the financial losses and expenses, are assessed at £100,000, but you are found to be 40% responsible for the accident.
• In this case, you will only receive £60,000 (a 40% reduction of the compensation award).

Who must prove contributory negligence?

When you, as the claimant, want to initiate a compensation claim, you have the burden of proving a duty of care, a breach of duty and how this has caused your injuries.

However, in cases involving contributory negligence, the burden of proof lies with the defendant and their insurer. They must present evidence and arguments which show that:

• You failed to take reasonable care for your own safety.
• This failure contributed to the accident, or the extent of your injuries.
• It was reasonably foreseeable that your actions could cause you harm.

Your personal injury lawyer will anticipate and prepare to defend against allegations of contributory negligence from the other party.

What evidence could be used to determine contributory negligence?

The evidence that both the claimant and defendant can use in a personal injury case to prove negligence or support a partial defence strategy includes:

• Statements from independent witnesses who saw what happened.
• Accounts from both parties about the accident and the events leading up to it.
• Reports from the police, paramedics, or other authorities who investigated the accident.
• Photos or videos of the accident scene, taken from different angles, before anything is moved or tampered with.
• If available, CCTV and dashcam footage can be highly effective in proving exactly what happened.
• Medical records detailing the injuries sustained, their likely cause and the prognosis for recovery.
• Expert testimony from independent specialists, such as accident reconstruction specialists and medical professionals.

Your solicitor will collect as much evidence as possible to prove the defendant was responsible for your injuries and that your contribution towards them was minimal.

How can I defend contributory negligence?

The best way to defend against allegations of contributory negligence and maximise your compensation award is:

• Provide as much evidence as possible from the accident scene, including witness statements.
• Obtain reports from the authorities and expert witnesses detailing what happened.
• Argue that you could not reasonably have foreseen the risk that led to the accident.
• Argue that the age and mental capacity of the claimant did not allow them to understand and avoid the risk (for claims involving children or protected parties).
• Prove that the accident would have happened regardless of your actions or inaction.
• Argue that your actions were in line with and appropriate for the situation you were in.
• Prove that you took reasonable care for your safety and the safety of others.

Your solicitor will help gather the necessary evidence to argue your case effectively.

Examples of contributory negligence in personal injury cases

Below, we have provided several examples of cases where contributory negligence may impact the amount of compensation awarded to the injured party:

Road traffic accident claims

Examples of contributory negligence in road accident claims include:

• Failing to wear a seatbelt.
• Sudden braking.
• Driving under the influence.
• Driving above the speed limit.
• Using a phone or other distractions while driving.
• Crossing the road without looking or against a red light.
• Failing to wear a helmet as a cyclist.
• Riding a bike without lights at night.

Workplace accident claims

Employees may also be partially responsible for their injuries and receive reduced compensation for an accident at work claim if they:

• Fail to follow established safety procedures.
• Fail to use the provided personal protective equipment (PPE), such as goggles or hard hats.
• Do not use the PPE as instructed.
• Were under the influence of drugs or alcohol at the time of the accident.
• Operate equipment or machinery incorrectly.
• Engage in behaviour not related to their work duties.
• Use faulty equipment without reporting it.
• Exceed speed limits when using vehicles such as forklifts.

Medical negligence claims

Contributory negligence can also be established in clinical negligence cases if a patient:

• Fails to follow medical advice.
• Misses their follow-up appointments.
• Ignores symptoms or delays seeking treatment.
• Fails to disclose their medical history.
• Engages in activities that worsen their condition.
• Provides inaccurate or incomplete information about their symptoms.
• Fail to take their medication as prescribed.

Public place accident claims

In public place accident claims, contributory negligence may be considered if the injured person:

• Ignored obvious warning signs, such as a wet floor sign.
• Did not pay attention to their surroundings when walking.
• Entered a restricted area that was clearly marked as dangerous or off-limits.
• Was running or acting recklessly.
• Used equipment incorrectly (for example, in a gym).

Is it still worth making a personal injury claim if I was partially at fault?

Yes. It is worth considering making a personal injury claim even if you contributed to the severity of the accident or your injuries.

Your contributory negligence may not even be as substantial as you might fear. In most cases, the reduction in compensation ranges from 15% to 25%.

And even if you receive less than 50% of your full damages, you may still be entitled to significant compensation. Without pursuing a claim, you will receive nothing.

To discuss your case with our team of personal injury experts, call 0800 470 0474 or request a call back. They will determine if you are entitled to compensation and how your claim might be affected by contributory negligence.

Last edited on 28th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.