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The case law thread

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RJ:
Here's one from the Court of Session:

http://www.scotcourts.gov.uk/opinions/2013CSOH111.html


--- Quote ---Conclusion
This was a relatively simple case about a man who fell off his bicycle. A lot of time was spent in analysing an event which must have lasted no more than a minute or two. The difficulty for me has been that there were no independent eye witnesses and little other evidence to assist me. I gave very careful consideration to the submission of Mr Dawson that the onus was on the pursuer and if I was left in a situation where neither account could be preferred, I must assoilzie the defenders. I accept that would be my duty. However, I have concluded that the balance of probabilities decisively favours the pursuer. He was an experienced cyclist, well used to travelling on this road and cycling in ideal conditions. I did not accept the defenders' theory that he hit the kerb; that seemed highly unlikely. Whatever criticisms may be made of the pursuer's evidence, he has been consistent as to the reason for his accident. I did not accept the suggestion, though only I think tentatively made, that even as he was making his statement to PC Collins he was considering compensation. The first defender's* admission that when he first observed the pursuer he was in mid somersault, supports the evidence of the pursuer that the first defender did not see him when he first looked right. I accepted the pursuer's evidence that he landed on the ground in the junction close to the offside kerb. In those circumstances, it seems to me clear that the first defender was not looking out for cyclists such as the pursuer, that he braked later than he should have done and conveyed the impression that he might not stop at the junction. Accordingly, he put the pursuer in a position where he had no option but to apply his brakes suddenly causing him to come off his bicycle and sustain the injury. The first defender had a duty of care to look out for other road users, including cyclists. He failed to exercise that duty.

--- End quote ---

* - the "first defender" was the driver; the "second defender" the dirver's employer.

beardy.biker:
I feel like I have just heavily jinxed myself by replying to this survey 😬
Fingers crossed I make it back on my commute home! 😂

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