Articles

09 January 2026

Contributory Negligence

Tamyka Caputo

Understanding Contributory Negligence under the Civil Liability Act 2003 (Qld) In Queensland, the law recognises that in some personal injury or property damage claims, the person who suffered the harm may also be partially responsible for their own injury.  This concept is known as contributory negligence, and it can significantly affect the outcome of a civil claim. The Civil Liability Act 2003 (Qld) codifies how contributory negligence is assessed and applied in Queensland courts, playing a key role in apportioning liability and damages in negligence cases. What Is Contributory Negligence? Contributory negligence occurs when a person who has suffered harm through another's negligence is also found to have failed to take reasonable care for their own safety or interests. As a result, their compensation may be reduced proportionally to their share of responsibility. For example: A pedestrian is injured while jaywalking and is hit by a speeding driver. While the driver is negligent for speeding, the pedestrian may also be contributorily negligent for crossing unsafely. If the court finds the pedestrian 30% responsible, any damages awarded may be reduced by that amount. How It Works Under the Civil Liability Act 2003 (Qld) Section 23: Apportionment of Liability Section 23 of the Civil Liability Act provides that if a person suffers damage as a result of both their own negligence and another’s, the court must apportion responsibility between the parties. The court may determine that the injured party's damages be reduced to the extent the court considers just and equitable, having regard to the claimant’s share of responsibility for the harm. Section 24: Standard of Care for Claimants The standard of care expected of a claimant is that of a reasonable person in the same circumstances. This is an objective test. Courts will consider: the foreseeability of the risk; what the claimant knew or ought to have known; the practicality of taking precautions; whether a reasonable person in the position of the plaintiff would have acted differently. Contributory Negligence in Motor Vehicle and Workplace Cases Motor Vehicle Accidents Contributory negligence is frequently argued in car accident cases. Common allegations include: not wearing a seatbelt; being intoxicated; failing to keep a proper lookout. For example, if a driver was not wearing a seatbelt and suffers serious injuries, damages may be reduced, often significantly, because of their failure to take reasonable precautions. Workplace Injuries Injured workers may be found contributorily negligent if they: failed to follow safety protocols; operated equipment incorrectly; ignored training or instructions. However, courts also recognise the power imbalance in workplaces and may be cautious when assessing a worker's negligence if the employer failed in their duty of care. Presumptions and Mandatory Reductions In some cases, the Civil Liability Act sets minimum percentages for contributory negligence. For example under Section 47, if the injured person was intoxicated at the time of injury and the intoxication contributed to the harm, there is a presumption of contributory negligence of at least 25%, unless proven otherwise. Can Contributory Negligence Be 100%? Yes. In rare cases, courts have found that a plaintiff’s contributory negligence was so significant that they bear 100% of the responsibility, and therefore no damages are awarded. This typically occurs where the defendant’s conduct is minor or non-negligent compared to the plaintiff’s reckless behaviour. Contributory negligence is a crucial aspect of civil claims in Queensland. Understanding how your own actions may affect your entitlement to damages is essential when pursuing or defending a personal injury claim. Whether you’re a claimant or a defendant, legal advice can help navigate the complex rules and ensure your rights are properly represented and protected.