Presumed Liability Case Study: 13yr old girl (pedestrian)

On the 12th January 2004, on the A98 between Banff and Fraserburgh, a 13 year old schoolgirl was seriously injured in a collision with a car. 

She had alighted from a school minibus and gone around the rear of the stationary bus to cross the road. She paused briefly at the rear offside of the bus and then took one or two steps before breaking into a run. She was struck by a car travelling at 50mph. 

The case was heard before a Judge who found the girl 90% to blame. 

The decision was appealed and the Appeal Court found the girl 70% to blame. 

That decision was also appealed and the Supreme Court found the girl 50% to blame issuing judgment on the 18th Feb 2015, more than 10 years after the incident. 

Had the girl been a Dutch or French schoolgirl, compensation would have been awarded automatically as their road traffic liability Laws are designed to protect children as after all they are their most vulnerable citizens. 

The full case of Jackson (Appellant) v Murray & Another (Respondants) (Scotland) (2015) UKSC5] can be downloaded here and a short video of the Supreme Court ruling can be seen below.