A motor cyclist was killed after being hit by a ball kicked by a boy playing in a field adjoining the highway.
Held: The failure of the motor cyclist to wear a crash helmet was not contributory negligence on his part, because (a) no advice on the matter appeared in the Highway Code current when the accident occurred in February, 1959, and (b) there was no regulation requiring the wearing of helmets. However Ashworth J said: ‘having regard to Mr. Hilder’s slow speed and relatively low height off the ground, I am by no means certain that, if he had been wearing a helmet, his skull would not have been fractured. Accordingly, if the claim succeeds, it succeeds in full.’
Judges:
Ashworth J
Citations:
[1961] 3 All ER 709, [1961] 1 WLR 1434
Jurisdiction:
England and Wales
Cited by:
Cited – O’Connell v Jackson CA 7-Jul-1971
Motorcyclist negligent without helmet
The plaintiff sought damages after an accident. The defendant car driver had negligently moved forward into the path of the plaintiff motor cyclist who was injured. The defendant argued that the plaintiff, a motorcyclist, was contributorily . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 05 May 2022; Ref: scu.269707