I wish to make street trip injury claims after I damaged my kneecap, but I was warned about contributory negligence – what does this mean?
You may be entitled to make street trip injury claims if you have been the victim of the careless actions of a third party who owed you a duty of care – however if contributory negligence is a factor in your injury this may affect your right to claim compensation. Whether you are entitled to receive compensation for your injuries will depend upon the circumstances of your injury from tripping on the street. This could be the situation if your street trip accident occurred because of the careless actions – or inactions – of somebody who was negligent in their duty of care. However as this duty of care is not absolute, it should also be remembered that your compensation for a street trip injury could be affected if you are considered to be partially responsible for your own accident or injury.
Contributory negligence may be a factor in your street trip injury claims if your own negligent actions – or inactions – resulted in your accident or contributed to the severity of your injury. This could have occurred if – for instance – you sustained your injury from tripping on the street despite warning signs which were established to alert others of the hazard which existed on the street. It may be considered that your street trip accident could have been averted had you heeded the warning sign which was present or if you paid greater attention to your surroundings. In this scenario, pursuing compensation for a street trip injury may not be feasible if you are considered to be predominantly liable for your own injury.
Your street trip injury claims could also be affected by contributory negligence if you failed to seek immediate medical attention for your injuries. Your immediate priority following a street trip accident should have been to seek immediate medical attention for your injuries in order to prevent their further deterioration. If you failed to do so and your injuries became worse as a result, it may be considered that – were it not for your negligent behaviour – the extent of your injuries could have been contained. In this situation you may not necessarily be disqualified from seeking compensation for a street trip injury – however the amount of compensation you may be entitled to claim can be reduced to reflect your own negligent behaviour.
If you suspect that contributory negligence is a factor in your injury from tripping on the street, you are advised to consult a personal injury solicitor at the earliest opportunity to determine your liability. It may be the scenario that you are only partially liable, that you are mostly liable and your claim is not worth pursuing or that you are in no way liable, and that a third party is trying to discourage you from pursuing compensation for a street trip injury. However it is difficult to determine liability for a street trip accident without the specific details of your accident and injury. For this reason you are advised to consult a personal injury solicitor at the earliest opportunity following your accident and to assess your street trip injury claims.