Case name & citation: Davies v Swan Motor Co [1949] 2 KB 291
The case of Davies v Swan Motor Co [1949] addresses the principle of contributory negligence within tort law.
Brief facts of the case
The plaintiff, Davies, was standing on the offside step of a dust lorry, which was traveling along a narrow road. This placed him in a hazardous position. A bus, driven by the defendant’s employee, attempted to overtake the lorry, resulting in a collision that caused Davies’ death.
Issue that arose
What must be shown to establish contributory negligence?
Decision of the Court in Davies v Swan Motor Co
The Court of Appeal held that both the bus driver and the driver of the dust lorry were negligent and jointly liable for the collision. However, it also found that Davies had contributed to the accident through his own negligence, specifically by standing in a dangerous position on the side of the lorry.
The Court held that Davies was one-fifth responsible for the incident due to his negligence. His decision to stand on the steps of the lorry was deemed a lack of reasonable care for his own safety, contributing to the circumstances that led to the accident.
The case applied the Law Reform (Contributory Negligence) Act 1945, which allows for a reduction in damages awarded to a plaintiff if they are found to have contributed to their own injury.
Judicial commentary
Bucknill LJ stated that when evaluating contributory negligence, it is not necessary for the plaintiff’s negligence to constitute a breach of duty towards the defendant. Instead, it suffices to demonstrate that the plaintiff failed to exercise reasonable care for their own safety.
References:
- https://www.nadr.co.uk/articles/published/shipping/004CHAPTERFOURTRADE2.pdf
- https://www.e-lawresources.co.uk/Davies-v-Swan-Motor-Co.php
YOU MIGHT ALSO LIKE:
MORE FROM TORT LAW: