Section 9
Apportionment in case of contributory negligence
of Fatal Accidents and Personal Injuries Act
(1)
Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall 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:
Provided that —
(a)
this subsection shall not operate to defeat any defence arising under a contract;
(b)
where any contract or written law providing for the limitation of liability is applicable to the claim, the amount of damages recoverable by the claimant by virtue of this subsection shall not exceed the maximum limit so applicable.
(2)
Where damages are recoverable by any person by virtue of subsection (1) (subject to the reduction mentioned in that subsection), the court shall find and record the total damages which would have been recoverable if the claimant had not been at fault.
Fatal Accident and Personal Injuries 10
(3)
Where, in any case to which subsection (1) applies, one of the persons at fault avoids liability to any other person or his personal representative by pleading the Limitation Act (Chapter 14) or any other written law limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages from that other person or representative by virtue of subsection (1).