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PI Brief Update

Pedestrians Beware - Fiona Ashworth, Kings Chambers

14/01/13. Fiona Ashworth takes a look at the recent approach taken in cases where the pedestrian has stepped into the road into the path of oncoming traffic and has been injured. “This Court has consistently imposed on the drivers of cars a high burden to reflect the fact that a car is potentially a dangerous weapon.” So said Lord Justice Latham in the case of Lunt v. Khelifa [2002] EWCA Civ 801. However a number of recent authorities have shown circumstances where a driver was found not to be at fault, notwithstanding that the accident could have been avoided.

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.