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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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My sisters child (6 years old) ran in front of a car and

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My sisters child (6 years old) ran in front of a car and this resulted in an accident where one person was injured, can they hold my sisters child or my sister negligent for the accident?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How did they come to be injured?
Customer: replied 1 year ago.
my sister and her child were walking in the park and she stopped and her child ran into the road, the car driver swerved to avoid the child but hit a woman who was crossing the road.
Expert:  Jo C. replied 1 year ago.
Ok. There is an argument that she is liable. At least, not the child obviously. She is below the age of liability and will have no money anyway. The injured person could sue your sister in tort though essentially on the basis of negligence in that she failed to control her daughter. She doesn’t really have a defence. A much more likely outcome though is that she will claim from the car driver’s insurance and the insurance company may pursue your sister on the basis that the negligence cause the car driver’s negligence. Whether this will happen or not is another matter but there is a claim they could bring I’m afraid. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Thank you very much that clears a lot up for me.could she use a defence of contributory negligence?
Expert:  Jo C. replied 1 year ago.
it is available in principle but it isn't really made out here if the swerve and collision was immediate.
Customer: replied 1 year ago.
the swerve and collision was immediate
Expert:  Jo C. replied 1 year ago.
It is going to be hard to argue contributory negligence unless I suppose he was going too fast or there was some other clear instance of negligence.
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Customer: replied 1 year ago.
okay thanks very much for you help
Expert:  Jo C. replied 1 year ago.
No problemAll the best.

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