A child aged 10 had crossed the road without taking reasonable care to check whether traffic was coming. She was struck by a driver who was driving at an appropriate speed but had failed to notice her, and could have avoided her if he had been paying proper attention.
Held: The assessment of the child’s contributory negligence at 20% was upheld.
Judges:
Lord Justice-Clerk (Cullen), Lord McCluskey and Lord Murray
Citations:
[1998] ScotCS CSIH – 120, 1998 SLT 1357, 1998 Rep LR 86, 1998 SC 711, [1998] CSIH 120, 1998 GWD 20-1005
Links:
Statutes:
Law Reform (Contributory Negligence) Act 1945
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.
Scotland, Personal Injury, Negligence
Updated: 22 July 2022; Ref: scu.279594