O'Connell v Jackson [1972] 1 QB 270

Facts:

  • C sought damages after an accident.
  • D was a car driver who had negligently moved forward into the path of the C, a motorcyclist, who was injured.
  • D argued that C was contributorily negligent in not wearing a crash helmet.

 Issue:

  • Does a motorist’s failure to wear a helmet amount to contributory negligence in case of an accident?


 Ratio:

  • Appeal allowed. C should have foreseen the possibility of being in an accident.
  • C must bear some of the responsibility for the consequences of the accident and the amount of damages is to be reduced by 15 per cent.

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