You Should Have Known Better
When a person suffers a personal injury for which they are partly to blame, any settlement they receive will be reduced by the court on account of ‘contributory negligence’.
Recently, an unusual case came to court which dealt with an injury arising from a hazard of which the injured person was fully aware. It involved a meat inspector who was working in an abattoir. During the foot and mouth crisis, the abattoir had plastic trays containing disinfectant which people stepped in and out of when they passed from one room to another. These were known to have a tendency to slip unless full of disinfectant. The inspector had not only commented on this before his accident, but it was also his job to check the levels of disinfectant in the trays.
Predictably, he slipped on a partly-filled tray and was injured. At the trial, the judge found the inspector 40 per cent responsible for his injuries. On appeal, the Court of Appeal found the apportionment to be on the harsh side, but did not see a good reason to change what, in legal terms, was a matter of fact.
Recently, an unusual case came to court which dealt with an injury arising from a hazard of which the injured person was fully aware. It involved a meat inspector who was working in an abattoir. During the foot and mouth crisis, the abattoir had plastic trays containing disinfectant which people stepped in and out of when they passed from one room to another. These were known to have a tendency to slip unless full of disinfectant. The inspector had not only commented on this before his accident, but it was also his job to check the levels of disinfectant in the trays.
Predictably, he slipped on a partly-filled tray and was injured. At the trial, the judge found the inspector 40 per cent responsible for his injuries. On appeal, the Court of Appeal found the apportionment to be on the harsh side, but did not see a good reason to change what, in legal terms, was a matter of fact.
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