Owens v Brimmell [1977] QB 859

• Plaintiff and Defendant were drunk and Plaintiff was giving Defendant, who wasn’t wearing a seat belt, lift home, when Plaintiff lost control, causing the car to crash and Defendant was severely injured.

Watkins J

• Held that on the balance of probabilities Defendant’s injuries would not have been lessened had he been wearing a seat belt. However where Plaintiff knew the driver had drunk e

• nough to make it likely to impair to a dangerous degree the driver's capacity to drive properly and safely OR where Plaintiff had been drinking with the driver, in the knowledge that he would be given a lift home, so that by the time of driving Plaintiff’s perceptions as to Defendant’s ability to drive was impaired, Plaintiff would be guilty of contributory negligence.

• The latter applied here.

  • Therefore Plaintiff’s damages were reduced by 20%.