A child aged three had been injured as a passenger in her mother’s car when it was hit by another negligently driven vehicle. The mother appealed against a finding that she was 25% contributorily negligent in that the child seat used had been inappropriate.
Held: The appeal failed. The judge had approached the matter correctly. He had doubted the choice of restraint, but causation issues cannot be considered in a vacuum, and the actual circumstances matter, and ‘the judge directed himself properly as to the issue he had to decide which revolved around this particular child in this particular car in which there were two alternative child seats available. He was right to reject an enquiry into what would have happened to the hypothetical child.’
Arden, Elias, Black LJJ
[2013] EWCA Civ 455
Bailii
Civil Liability (Contribution) Act 1978
England and Wales
Citing:
Cited – Froom v Butcher CA 21-Jul-1975
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since . .
Cited – Jones (A Minor) v Wilkins (Wynn and Another, Third Parties) CA 6-Feb-2001
Where a child had not been properly restrained by a seat belt, the damages should be reduced but not by a great percentage. Here, although the child was partially restrained by sharing her mother’s lap belt, in fact this had made the injuries worse. . .
Cited – Capps v Miller CA 30-Nov-1988
The plaintiff was injured riding with the defendant on a motor-cycle. The defendant drove negligently, and crashed. The plaintiff’s crash hemet came off and he sustained severe head injuries. He had not fastened it. The defendant appealed an . .
Cited – Perry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
Cited – Stanton v Collinson CA 24-Feb-2010
The defendant driver appealed against a refusal to reduce the claimant’s damages for contributory negligence. The claimant sat in the front seat and was severely injured in the accident, but had not been wearing a seat belt.
Held: ‘there is a . .
Lists of cited by and citing cases may be incomplete.
Damages, Negligence
Updated: 09 November 2021; Ref: scu.478065