Issue 39 October 2021 - Journal - Page 65
witness testimonies and require defenders to provide
for missing information.
Mr Nigel Kiely
- The duty of care of a driver is broad and involves
their driving behaviour before an incident. Drivers
must consider the circumstances and location in anticipating unreasonable behaviour from others as part
of their duty to drive with due care and attention.
Consultant Adult and Children's
B Med Sci, BM, BS, MSc, FRCS (Orth & Tr)
- Ultimately, whilst drivers do owe a duty of care to
those who can be reasonably anticipated to misuse
public highways, the nature of unreasonable behaviour will be prominent in deciding contributory
negligence. The Court considered the decision of
Green v Bannister as a comparator to these circumstances. In Green, a pursuer who had been run over
by a person reversing from a parking in a cul de sac
was 60% responsible for their misfortune. In this instance, the pursuer was held to have chosen a more
dangerous location to lie down.
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