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Can passengers who are drunk be contributorily negligent?

Personal Injury Compensation

Can passengers who are drunk be contributorily negligent?

Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698.

The Court of Appeal has considered a case in which a passenger who was drunk at the time of an accident had brought a claim for damages for the injuries he had suffered when the driver of the car in which he was travelling was also drunk. It was held that drunkenness of a passenger will not avoid a finding of contributory negligence if the claimant should have realised and appreciated that the driver was too drunk to drive safely.

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