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.