State whether the train station has any defence to a negligence claim by Lulu
Contributory negligence does not exonerate the defendant from their negligence completely, but their liability to pay compensation may be reduced by the courts if the injured party is proved to have contributed to the loss they suffered in some way. In the case of Sayers v Harlow UDC 1958, a lady was injured while trying to climb out of a public toilet cubicle which had a defective lock. The court held that she had contributed to her injuries by the method by which she had tried to climb out.
This case is almost identical to Lulu's so it is expected that the train station may use this defence and the courts will reduce damages awarded to Lulu on a percentage basis that is just and reasonable. This is typically in the range of 10% to 75%, however it is possible to reduce the claim by up to 100%.
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