United Kingdom contributory negligenceapportionment

Eagle v Chambers

[2003] EWCA Civ 1107; [2004] RTR 9; [2004] 1 WLR 3081

JurisdictionUnited Kingdom

CourtCourt of Appeal (Civil Division)

Year2003

StatusBinding authority

Key Principle

In apportioning liability for contributory negligence between a motorist and an injured pedestrian, the court must weigh both the relative causative potency and the relative blameworthiness of each party, and the greater 'destructive disparity' of a car means a high burden falls on the driver, so it is rare for a pedestrian to be held more responsible than a driver.

Area of Law

General

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