Examination Timing: 00H00M01S
A man is employed by a roofing company to repair roofs. The role requires him to wear special gloves in order to protect his hands when he handles roof tiles. Whilst standing on some scaffolding, negligently erected by the roofing company, he falls off, suffers serious injury to his head and brings a claim. He carelessly failed to wear the gloves at the time.
Which of the following best describes whether the company can successfully claim contributory negligence on the part of the roofer?
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Contributory negligence requires that the claimant's own negligence contributed to the harm suffered. In this scenario, the roofer's failure to wear gloves did not cause or contribute to the head injury he sustained from falling off the negligently erected scaffolding. Therefore, the company's claim for contributory negligence would not succeed because the lack of gloves was irrelevant to the actual injury.
Key Point: For contributory negligence to apply, there must be a causal link between the claimant's negligent act and the injury sustained. In this case, the roofer’s failure to wear gloves did not contribute to his head injury, so contributory negligence does not apply.
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