Capps v Miller [1988] EWCA Civ 5 (30 November 1988)

Capps v Miller [1988] EWCA Civ 5 (30 November 1988)

The plaintiff's failure to fasten his helmet strap was a breach of statutory duty and contributed to the severity of his injuries. Although the defendant was entirely responsible for the accident, the plaintiff's contributory negligence justified a reduction in damages. The appropriate reduction, considering the helmet was worn but not fastened, is 10%.

Citation
[1988] EWCA Civ 5
Parties
Respondent (plaintiff): Robin Graham Capps (suing by his next friend David Graham Capps); Appellant (defendant): Michael Ray Miller
Jurisdiction
England and Wales
Judgment Date
30 November 1988
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Contributory Negligence, Road Traffic Accidents, Statutory Duty, Damages Apportionment
Tort Law Personal Injury Contributory Negligence Road Traffic Accidents Statutory Duty Damages Apportionment

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Parties

Robin Graham Capps (suing by his next friend David Graham Capps)

Respondent (plaintiff)

Michael Ray Miller

Appellant (defendant)

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff was contributorily negligent for failing to fasten his crash helmet strap
  2. 2 Whether damages should be reduced due to contributory negligence under the Law Reform (Contributory Negligence) Act 1945
  3. 3 Appropriate percentage reduction in damages for not fastening helmet

Ratio Decidendi

The plaintiff's failure to fasten his helmet strap was a breach of statutory duty and contributed to the severity of his injuries. Although the defendant was entirely responsible for the accident, the plaintiff's contributory negligence justified a reduction in damages. The appropriate reduction, considering the helmet was worn but not fastened, is 10%.

Court Disposition

Appeal allowed

Orders

  • Finding of contributory negligence against the plaintiff
  • Plaintiff's damages to be reduced by 10%