Jones v Livox Quarries [1952] 2 QB 608

Facts:

  • C was hit from behind and seriously injured while riding on a tow bar on the back of a vehicle, which was forbidden by his employer.


Issue:

  • Did the plaintiff suffer ‘damage as a result partly of his own fault’ within the meaning of s. 1(1) and 4 Law Form (Contributory Negligence) Act 1945?


Ratio:

  • Appeal dismissed.
  • A person is guilty of contributory negligence if he ought to have foreseen that if he did not act as a reasonable man, he might get hurt. In his consideration, he must take into account the possibility of others being careless.
  • C’s damage awards were reduced by 20 per cent.

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