Contributory Negligence and its Applicability when an Individual does not Wear a Safety Gear

  • Shyamasis Sarangi
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  • Shyamasis Sarangi

    Student at Kirit P. Mehta School Of Law, NMIMS Navi Mumbai, India

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Abstract

Negligence is a tort that is caused due to a breach of care by which injury or damages are caused to another individual. This act is usually caused due to a person not taking sufficient care while doing an activity that a prudent man would have. Negligence can be done to both a person and an object. Out of the different types of negligence, this article will focus mainly on contributory negligence which is also known as a partial fault. The concept of contributory negligence according to The Law Reform (Contributory Negligence) Act, 1945 points out that “where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim shall not be defeated by reason of the fault of the person suffering damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the Claimant’s share in the responsibility for the damage”. For the tort to be in the nature of contributory negligence, there must be a proximate cause of actual injury and if the accident could have been avoided if the individual took action as that of a prudent individual, then he will not be able to claim this defence.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 557 - 566

DOI: https://doij.org/10.10000/IJLMH.111950

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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