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Case Update

Liability Risk and Insurance

Case Update

Court considers contributory negligence, capacity and consent

In an interesting case for practitioners, the High Court considered issues of capacity, consent and contributory negligence following a road traffic accident (RTA) in which the claimant was a passenger driven by his intoxicated friend. The judge found the claimant had capacity to consent to being driven by the drunk driver but his failure to wear a seatbelt did not make a difference to his injuries. The appropriate reduction for contributory negligence was found to be 20 per cent.

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