40% contributory negligence

Wells v Mutchmeats [2006] All ER (D) 401 (Feb)

The claimant was a meat inspector who, while inspecting an abattoir owned by the first defendant during the foot and mouth epidemic, had stepped into a plastic tray, placed between the doorways, which contained a small amount of disinfectant. The tray slipped, causing the claimant to fall. The claimant was fully aware of the presence of the trays and their tendency to slip unless full of disinfectant, having reported that very risk himself on a previous occasion. The Court of Appeal refused to interfere with the trial judge’s assessment of 40% contributory negligence but emphasised that this was not a standard tripping case and said that it might have been more favourably disposed towards the claimant than the trial judge had been.