It is commonplace for defendants to make allegations of contributory negligence against an injured claimant.  Litigators working in this field need to know the basic law and principles relating to contributory negligence and also how these are being applied in the courts on a day to day basis.

This webinar looks at both of these issues. Firstly examining the law relating to contributory negligence as a whole and:

• The legal principles relating to contributory negligence.
• Pleading contributory negligence
• Where contributory negligence has been established
• Where allegations of contributory negligence have not been successful
• How claimants have responded to allegations of contributory negligence. The importance of witness evidence
• The “reverse allegation of contributory negligence” – using allegations of contributory negligence against the defendant

It then looks at recent cases where the courts have considered allegations of contributory negligence (including those where assertions of contributory negligence were rejected). These include:-

• Dormer v Wilson & Ors - Not wearing a crash helmet, riding on a stolen motorcycle
• Yordanov v Vasilev & Ors - Speeding, overtaking drivers when both vehicles were at fault
• Atkinson v Kennedy & Anor – contributory negligence and the child pedestrian
• Palmer v Timms - cyclist killed by a lorry
• Berresford v Shah & Anor - passenger leaving a moving taxi
• Jones v Persimmon Homes Ltd & Anor – worker falling off a scaffolding
• Byrne v Motorsport Vision Racing Ltd & Ors – motorcyclist injured when on a racetrack
• Amadu-Abdullah v The Commissioner of Police of the Metropolis – unlawful tasering of a teenager
• Dobson v Chief Constable of Leicestershire Police – alleged negligence in treatment when detained in police custody