A young woman was injured in a collision with a motor car when she was travelling as a pillion passenger on a motor scooter. She brought an action claiming damages against the driver of the motor scooter. The defender pleaded, inter alia, volenti non fit injuria.
Held: It was proved that the defender evinced an initial reluctance to give the pursuer a lift, but he did inform her that he had only a provisional licence, either by using those actual words or words to equivalent effect, and that something was said by the defender relating to the pursuer taking a risk or to it being her fault if anything happened. The defender’s plea was repelled.
Judges:
Lord Ordinary, Lord Maxwell
Citations:
1974 SLT (Notes) 23
Jurisdiction:
Scotland
Cited by:
Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 07 December 2022; Ref: scu.226227