Motorcyclist negligent without helmet
The plaintiff sought damages after an accident. The defendant car driver had negligently moved forward into the path of the plaintiff motor cyclist who was injured. The defendant argued that the plaintiff, a motorcyclist, was contributorily negligent in not wearing a crash helmet.
Held: Once the court had established that the plaintiff was contibutorily negligent, it then had to allow both for the extent of his responsibility for the injury and the blameworthiness of his conduct in comparison to that of the defendant in order to assess the proper reduction in damages. The Highway Code was to be relied upon, and that said that a helmet should be worn.
Russell, Edmund Davies, Cairns LJJ
[1972] 1 QB 270, [1971] CLY 3115, [1971] EWCA Civ 5, [1971] 3 All ER 129, [1971] 2 Lloyd’s Rep 354, [1971] 3 WLR 463, [1972] RTR 51, [1971] 2 LLR 354
Bailii
Law Reform (Contributory Negligence) Act 1947 81, Road Traffic Act I960 74
England and Wales
Citing:
Approved – Jones v Livox Quarries CA 25-Apr-1952
The plaintiff had ridden on the back of a kind of tractor in a quarry and in defiance of his employer’s instructions, risking being thrown off and injured. Another vehicle ran into the back of the first vehicle, injuring the plaintiff. He contended . .
Adopted – Jones v Livox Quarries CA 25-Apr-1952
The plaintiff had ridden on the back of a kind of tractor in a quarry and in defiance of his employer’s instructions, risking being thrown off and injured. Another vehicle ran into the back of the first vehicle, injuring the plaintiff. He contended . .
Cited – Davies v Swan Motor Co (Swansea) Ltd CA 1949
A plaintiff brought an action for damages for personal injury against the drivers of two cars.
Held: There are two aspects to apportioning responsibility between a plaintiff and defendant in an action for negligence, the respective causative . .
Cited – Hilder v Associated Portland Cement Co 1961
A motor cyclist was killed after being hit by a ball kicked by a boy playing in a field adjoining the highway.
Held: The failure of the motor cyclist to wear a crash helmet was not contributory negligence on his part, because (a) no advice on . .
Cited by:
Distinguished – Capps v Miller CA 30-Nov-1988
The plaintiff was injured riding with the defendant on a motor-cycle. The defendant drove negligently, and crashed. The plaintiff’s crash hemet came off and he sustained severe head injuries. He had not fastened it. The defendant appealed an . .
Cited – Badger v The Ministry of Defence QBD 16-Dec-2005
The widow of the deceased sought damages after his exposure to asbestos whilst working for the defendant. He had contracted lung cancer. The defendant argued that the deceased had continued to smoke knowing of the risks, and that he had made a . .
Lists of cited by and citing cases may be incomplete.
Negligence, Personal Injury, Damages, Negligence
Leading Case
Updated: 09 November 2021; Ref: scu.216372