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A defendant's liability for a plaintiff's injury or loss may be limited if the plaintiff has contributed to that injury or loss through their own negligence. Contributory negligence is concerned with a plaintiff's failure to take reasonable care for their own interests and safety and whether such a failure contributed to the harm they suffered.
Froom v Butcher [1976] QB 286.
The standard of care expected of a plaintiff is now enshrined in legislation. It is the standard of "a reasonable person in the position of the plaintiff" on 'the basis of what that person knew or ought to have known at the time'. Section 5R of the Civil Liability Act 2002 (NSW) is illustrative.
The extent to which liability should be shared between a defendant and a plaintiff, each of whose conduct has contributed to harm, is also laid down in legislation. The damages recoverable from the defendant will be reduced to the extent the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage.
See the relevant legislation.
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