Liability Risk and Insurance
Court considers contributory negligence, capacity and consent
Clyde & Co
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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