Froom & Ors v Butcher [1975] EWCA Civ 6 (21 July 1975)

Froom & Ors v Butcher [1975] EWCA Civ 6 (21 July 1975)

Failure to wear a seat belt amounts to contributory negligence; damages should be reduced if injuries could have been prevented or lessened by wearing a seat belt.

Source-derived case information.

Citation
[1975] EWCA Civ 6
Parties
Plaintiff Respondent: Harold John Froom; Plaintiff Respondent: Nora Frances Froom; Plaintiff Respondent: Jacqueline North; Plaintiff Respondent: H. J. Froom Limited; Defendant Appellant: Brian James Butcher
Jurisdiction
England and Wales
Judgment Date
21 July 1975
Procedural Posture
Civil Appeal / Appeal From Judgment
Outcome
appeal allowed
Legal Topics
Contributory Negligence, Seat Belts, Damages Reduction
Tort Personal Injury Contributory Negligence Seat Belts Damages Reduction

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Parties

Harold John Froom

Plaintiff Respondent

Nora Frances Froom

Plaintiff Respondent

Jacqueline North

Plaintiff Respondent

H. J. Froom Limited

Plaintiff Respondent

Brian James Butcher

Defendant Appellant

Procedural Posture

Civil Appeal / Appeal From Judgment

Legal Issues

  1. 1 Is failure to wear a seat belt contributory negligence?
  2. 2 Should damages be reduced for not wearing a seat belt if injuries could have been prevented or lessened?

Ratio Decidendi

Failure to wear a seat belt amounts to contributory negligence; damages should be reduced if injuries could have been prevented or lessened by wearing a seat belt.

Court Disposition

appeal allowed

Orders

  • damages reduced by £100
  • no order as to costs