Tort; Negligence; causation of harm; contributory negligence.
Facts: The plaintiff was driving at moderate speed on the correct side of the road when a car driven by the defendant in the opposite direction pulled out in front of oncoming traffic. The defendant's car struck the plaintiff's car head on. The plaintiff's car was fitted with seat belts, but he was not wearing one and at the time there was no legislation requiring that seat belts be worn. If he had been wearing a seat belt the plaintiff would have experienced minor iunjuries but would have been spared the serious injuries caused when he was slammed against his steering wheel.
Issue: Was the plaintiff's failure to wear a seat belt contributory negligence that partially caused his loss?
Decision: The plaintiff had partly caused his own loss.
Reason: The appeal court held that, to establish contributory negligence, it should first be asked whether the plaintiff failed to take the precautions a reasonable person would have taken for their own protection. In this case, the plaintiff had failed to do so. Secondly, it should be asked if the plaintiff's negligence contributed to the injury. Clearly it had done so. Thirdly, it must be asked whether the injury suffered fell within the scope of the risk taken. In this case it did. Accordingly, the damages awarded by the trial court were reduced to take account of the plaintiff's contributory negligence, assessed at 20 per cent.