How does contributory negligence affect my personal injury lawsuit?
Background – Liability and Fault
To succeed in a personal injury lawsuit, it is critical to establish that the defendant was at fault. A defendant will only be ordered to pay for the harm they caused if they are found liable for that harm.
In the context of a motor vehicle collision, maybe the other driver was distracted by their cellphone or otherwise not paying attention to the road. In the context of an occupiers’ liability claim, maybe the property owner did not take enough care to maintain the property to a reasonable standard. Liability takes many forms, but it is the plaintiff’s burden to prove that the defendant is liable for their injuries on a balance of probabilities.
What is Contributory Negligence?
The degree to which someone is at fault for an accident is usually expressed in terms of a percentage. In some cases, defendants are 100% liable for the harm suffered by the plaintiff. But what if the plaintiff contributed to their own harm through their own negligent acts or omissions? This is called contributory negligence, which reduces the dollar amount of money awarded to the plaintiff based on the percentage of fault attributable to their own actions.
For example, if you received an award at trial of $750,000 but the court finds that you were 30% contributorily negligent, that award would be reduced by $225,000 and you would only recover $525,000.
Examples and Cases
An obvious example of contributory negligence in motor vehicle collision cases is failing to wear a seatbelt. In 2005, the Ontario Court of Appeal held that the upper limit on contributory negligence for not wearing a seatbelt was 25%.
Another common example of contributory negligence is not wearing a helmet while riding a bicycle or motorcycle. It is important to remember that a plaintiff’s degree of contributory negligence is determined by assessing their injuries. The court must ask whether the plaintiff’s injuries would have been lessened or prevented by adopting the suggested safety measure or precaution, depending on the case.
Safety Reminders for this Winter
If nothing else, the law on contributory negligence serves as a reminder to take the utmost precautions to keep yourself and your family safe this winter. Remember to always wear the proper footwear for navigating snowy and icy terrain. During heavy snowfall, drive carefully and keep plenty of distance from traffic in front of you. Finally, put on your winter tires for worry-free driving (and for a discount on your insurance premiums).
Conclusion
If you have suffered damages and are worried about being found partly at fault in your personal injury lawsuit, talk to an experienced lawyer to ease your mind. As your representatives, they will fight to reach an apportionment of liability that reflects the best possible outcome for you.
