Assessing Contributory Negligence On A Case By Case Basis

• Published date: 03 November 2021
• Law Firm: Tughans
• Author: Ms Kathy McGillie

In the recent Court of Appeal decision of Gul v McDonagh another (2021) EWHC Civ 1503, delivered 13^th October 2021, it was determined a minor claimant could be found to be contributory negligent. In this instance the Claimant/Appellant was 13 years 8 months old and had been injured when struck by the Defendant vehicle whilst crossing a residential street.

It is clear from this Judgment claims involving a minor will turn on the specific facts. In this particular case the Court of Appeal considered firstly whether or not the claimant had failed to take reasonable care for his own safety and concluded the claimant was at fault in this respect. The Court concluded if the minor had done what he should have reasonably been expected to do i.e., wait before crossing the road or keep looking as he was...