9Apportionment of liability in cases of contributory negligence

#### 9 Apportionment of liability in cases of contributory negligence 9 Apportionment of liability in cases of contributory negligence > > (1) If a person (the claimant) suffers damage as the result partly of the claimant’s failure to take reasonable care (contributory negligence) and partly of the wrong of any other person: > > > > > (a) a claim in respect of the damage is not defeated by reason of the contributory negligence of the claimant, and > > > > > (b) the damages recoverable in respect of the wrong are to be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. > > > (2) Subsection (1) does not operate to defeat any defence arising under a contract. > > > (3) If any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of subsection (1) is not to exceed the maximum limit so applicable. > > **s 9:** Subst 2000 No 111, Sch 1 \[3\].