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KembaraXtra-Case Law-Crossman v. Stewart (1977)
Key Principle:
Key Principle:
- Liability for negligence can be reduced if the plaintiff contributed to the damage through their own negligence (contributory negligence).
- Plaintiff: Suffered from a skin disorder and was prescribed chloroquine by the defendant (doctor).
- Defendant: Doctor who prescribed chloroquine.
- Plaintiff, a medical receptionist, obtained chloroquine without a prescription from a salesman after her initial supply ran out. The defendant was unaware.
- Defendant later learned of evidence suggesting long-term chloroquine use could cause blindness.
- Defendant referred Plaintiff to an eye specialist, who diagnosed possible chloroquine-related eye damage.
- Plaintiff was incorrectly informed that the specialist's report was negative and continued taking the drug without Defendant's knowledge.
- Defendant continued to prescribe the treatment for a further six months.
- Plaintiff's sight progressively deteriorated over six years, leading to a lawsuit against the defendant.
- Defendant was liable for negligence for failing to properly consider the eye specialist's report.
- Plaintiff was guilty of contributory negligence by obtaining prescription drugs without the Defendant's knowledge.
- Apportionment of Liability: Plaintiff was deemed two-thirds responsible for her damages, and could only recover one-third of the damages from the Defendant.
- This case exemplifies the application of contributory negligence.
- The Law Reform (Contributory Negligence) Act 1945 (UK) provides a statutory basis for contributory negligence, and similar statutes exist in other jurisdictions.
- Section 1 of the Act (paraphrased): A claim is not defeated by the plaintiff's fault, but damages are reduced to the extent the court deems "just and equitable" based on the claimant's share of responsibility.
- Contributory Negligence: Understand the concept and its impact on damage recovery.
- Causation: Note how the plaintiff's actions (self-medication) contributed to the harm.
- Apportionment: Understand how courts divide responsibility and reduce damages accordingly.
- Statutory Basis: Be aware of the Law Reform (Contributory Negligence) Act 1945 (or its equivalent in your jurisdiction) and its role in codifying the defense.
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