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Contributory negligence and costs and damages

  • 04-04-2014 8:01pm
    #1
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭


    Hi all,

    Quick question (possibly)... how does contributory negligence apply to the different aspects of a claim?

    Does it apply to just general damages or does it apply to special damages and costs too? For example if a plaintiff is found 10% of the accident was their fault does that reduce just general damages by 10%? Or would the plaintiff then be also responsible for 10% of their costs including medical costs?

    I suspect its probably not this black and white in reality but all insight appreciated.


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Generally, it applies to the whole value of the claim.

    There is no parallel or automatic reduction in costs because of contributory negligence. Costs are at the entire discretion of the trial judge.


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