Sabir v Osei-Kwabena [25.11.15]

The Claimant, a pedestrian, suffered serious injuries when she was struck by a car driven by the Defendant. At first instance the Judge made a finding of contributory negligence at 25%. The Court of Appeal upheld this decision. In Jackson v Murray [2015] the Supreme Court noted that in this field there is rarely a demonstrably correct answer. It was necessary to consider the respective causative potency of what the Claimant and Defendant had done and their respective blameworthiness. The destructive capacity of a driven car comes into both aspects of the evaluation. Whilst the Claimant was unwise to attempt to cross the road when and in the manner that she did, a collision should not have happened because it would have been relatively easy for the Defendant to have avoided it.