Owens v Brimmell [1977] QB 859

Facts:

  • Both C and D had drunk about eight to nine pints of beer, and on their way home the driver lost control of his car so that it collided with a lamppost.
  • The passenger sued in negligence.
  • Driver said the passenger was contributorily negligent.

 Issue:

  • Is the plaintiff guilty of contributory negligence for his failure to wear a seat belt?
  • Is the plaintiff guilty of contributory negligence for his failure to foresee the possibility that the driver’s ability to drive was impaired by alcohol?

 Ratio:

  • C is not guilty of contributory negligence for his failure to wear a seat belt as the defendant did not prove that C’s injuries would have been less serious had he wore a seat belt.
  • C is guilty of contributory negligence for his failure to foresee the possibility that the driver’s ability to drive was impaired by alcohol as they were aware of this.

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