PI Brief Update

Contributory Negligence: Extending the “Car as a Weapon” Principle? - Tom Gibson, Pupil Barrister, Outer Temple Chambers

03/02/12. Do you ever advise on contributory negligence in road traffic accident cases, especially where one of the parties is a vulnerable road user such as a pedestrian, horse rider, or motorcyclist?  If so then you may be interested in the recent Court of Appeal case of Stoddart v Perucca (unreported, [2011] EWCA Civ 290).

Stoddart is important for two reasons:

• it may extend the principle of the ‘car as a weapon’ from pedestrians to horse riders and other vulnerable road users; and

• it illustrates the difference between ‘blameworthiness’ and ‘causative potency’ as the two constituent halves of contributory negligence.

Stoddart – background facts

The Claimant horse rider (Stoddart) was crossing a country road near Sunderland when she was hit by the Defendant car driver (Perucca).  Burnett J heard the first instance trial, on liability only.  He decided that the Claimant horse rider was only 50% contributorily negligent, even though “she was significantly more at fault” for the accident.  

The Defendant appealed the 50% level of contributory negligence to the Court of Appeal.  However the Court of Appeal...

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