Hilder v Associated Portland Cement Co: 1961

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.’
Ashworth J
[1961] 3 All ER 709, [1961] 1 WLR 1434
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 . .
    [1971] CLY 3115, [1972] 1 QB 270, [1971] EWCA Civ 5, [1971] 3 All ER 129, [1971] 2 Lloyd’s Rep 354, [1971] 3 WLR 463, [1972] RTR 51, [1971] 2 LLR 354

These lists may be incomplete.
Updated: 01 December 2020; Ref: scu.269707