PI Brief Update

January 2012 - PI Practitioner

LIABILITY FOR NEGLIGENTLY PARKING OR STOPPING IN THE ROAD

• Waller v Levoi (1968) Sol Jo 865 D stopped too close to a corner, which was not sharp but was a distinct corner. It was held that C was 20% liable for failing to notice the parked car in time.

• Chop Seng Heng v Thevannasan s/o Sinnapan [1975] 3 All ER 57 - A parked his lorry too close to a blind bend, although he had lights on and there was room to pass. C was in a lorry being driven by B which came round the bend too fast and collided with A's lorry. It was held that that both A and B were liable to C.

• Rugg v Marriott (6 October 1999, unrep.) (CA) D's vehicle broke down. He pushed it to the edge of the road, left it between two lamp posts on the left hand side of the road and locked it. The vehicle was visible from 300m away. C was riding his motorbike home in the same direction which D had been travelling. He collided with the stationary vehicle and suffered severe injuries.

It was held that if the possibility of the danger of a car being parked in that position was reasonably apparent, then it was negligent not to take reasonable precautions. If the danger of a car being parked din that position was a mere possibility, which would never have occurred in the mind of a reasonable man, then there was no negligence in not having taken extra precautions.