Injury Law – Contributory negligence of 11 year old

01 Jan 2005

Area(s) of Law :
Injury Law
Court :
Source : (Honnor v. Lewis [2005] EWHC 747 QB, Silber J.)
Date : 01-01-2005

The child claimant suffered a serious brain injury when struck by a car as he crossed the road. The driver was held to have been negligent for failing to see the child on the kerb and as he started to cross the road. The driver would have had a clear and unobstructed view of the child. The driver, who had been travelling at 30 mph, was also negligent in failing to slow down and sound his horn. Those actions would have substantially reduced the prospect of the child being seriously injured. However, the child had been 20% to blame for failing to see the car when standing on the pavement and when he started to cross. A child of 11 years of age should have realised the need to look out carefully for traffic coming from his right on a busy road. Alternatively, given his age, the child would also have been contributorily negligent had he looked and seen the car but misjudged the distance.


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