Ed is injured by a colleague's carelessness while he himself was not wearing a safety harness as instructed. A court finds his injuries would have been 30 percent less severe had he worn it. How are his damages treated?
Answer and explanation
Correct answer: B. They are reduced by a share the court thinks just and equitable under the Law Reform (Contributory Negligence) Act 1945
- Step 1: Contributory negligence is a partial defence.
- Step 2: Damages are reduced by the claimant's share of responsibility.
Answer
They are reduced by a share the court thinks just and equitable under the Law Reform (Contributory Negligence) Act 1945.
Why not the others: Contributory negligence does not defeat the claim; workers can be contributorily negligent; there is no doubling.
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