The judge at first instance had set the level of contributory negligence too high. He looked at the defendant’s apparent folly rather than looking to the defendant’s folly in exposing the defendant to the risk, and promoting that folly by providing free drinks.
Judges:
Auld, Ward LJJ
Citations:
Times 01-Feb-1999, [1999] EWCA Civ 588
Statutes:
Law Reform (Contributory Negligence) Act 1945
Jurisdiction:
England and Wales
Cited by:
Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Transport
Updated: 30 November 2022; Ref: scu.145503
