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Christopher Melton KC - Children and contributory negligence – court accepts Claimant’s arguments

15th September 2021

In this case, HHJ Bird, sitting as a Deputy High Court Judge, had to decide whether contributory negligence was established against a 9 year old girl who walked out in front of a speeding car. The answer was no. This was a momentary error of judgement, not amounting to contributory negligence, by a girl who had initially entered the carriageway with her family. Even had she been at fault, contributory negligence would have been no more than 10% and de minimis; the court would not have made any deduction. 


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