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Jones v Livox Quarries [1952] 2 QB 608  Court of Appeal

The claimant worked in the defendant’s quarry. One lunch break he hitched a lift back to the canteen by standing on the tow bar of a traxcavator. The driver of the traxcavator was unaware that the claimant had jumped on the back and it was against company rules to stand on the back of the traxcavators. Unfortunately a dumper truck, driven recklessly by another employee, crashed into the back of the traxcavator crushing the claimant’s legs. Consequently the claimant had to have his legs amputated.


The defendant was liable but the claimant was held to be 1/5 to blame under the Law Reform (Contributory Negligence) Act 1945. He had acted against orders and exposed himself to danger.

Lord Denning MR:


“Just as actionable negligence requires the foreseeability of harm to others, so contributory negligence requires the foreseeability of harm to oneself. A person is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonable, prudent man, he might be hurt himself: and in his reckonings he must take into account the possibility of others being careless.”
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