Personal Injury Case Notes

There were a couple of interesting cases last year about when a claimant could be found partly at fault in an accident.

In Osei-Antwi –v- South East London & Kent Bus Company Ltd the claimant had been standing on the pavement waiting to cross the road when a bus mounted the kerb and crushed the claimant against railings. The judge criticised the claimant for standing too near to the edge of the kerb and took one-third off his damages. Although the Court of Appeal quashed this decision it did not go so far as to say that a pedestrian could never be at fault in a road traffic accident in such circumstances.

In Tolley –v- Carr & Ors the claimant ran across a road to help a driver out of her car and then tried to move the car out of the way because it posed a danger to other road users. The weather conditions were bad and the claimant was hit by another car causing her serious injuries. The driver’s insurers argued that damages should be reduced because the claimant had failed to take care for her safety. The High Court disagreed and awarded her damages in full.