Q&As

Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was successful? Is there any case law around a proportion of the claimant being 10% liable?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 17/05/2021

The following PI & Clinical Negligence Q&A produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was successful? Is there any case law around a proportion of the claimant being 10% liable?

Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was successful? Is there any case law around a proportion of the claimant being 10% liable?

Allegations of contributory negligence are frequently raised as a riposte to tripping claims. For these purposes, there is no important distinction between claims that occur in a private car park or elsewhere. Indeed, it is respectfully suggested that it would be incorrect to focus (at least in a general way) on the location of a tripping accident for the purposes of considering contributory negligence: the focus should be on the conduct of the claimant and whether that can properly be considered to be blameworthy.

It is possible, however, that where a tripping accident occurs could be relevant to the degree of care to be

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