ferret fur
Well-Known Member
- Location
- Roseburn
Ummm. Up to a point.
FWIW I have been wandering through case law on the net & as far as I can see it doesn't agree with you. It appears that people have a duty of care to other road users & this includes pedestrians (having a duty of care). While the law accepts that there may be people whose judgement etc may be impaired (the elderly, kids etc) it doesn't seem to be a defence for someone whose judgement isn't impaired to act negligently. As I say, I am not a lawyer, but at the worst it looks as if the worst that can happen to a reasonable cyclist who hits a negligently stupid pedestrian is that they would be jointly liable. This doesn't mean that you shouldn't take care around pedestrians, but it does mean that you are entiltled to expect an adult not to act like a toddler when it comes to anticipating thier actions (legally)
Makes sense to me.
FWIW I have been wandering through case law on the net & as far as I can see it doesn't agree with you. It appears that people have a duty of care to other road users & this includes pedestrians (having a duty of care). While the law accepts that there may be people whose judgement etc may be impaired (the elderly, kids etc) it doesn't seem to be a defence for someone whose judgement isn't impaired to act negligently. As I say, I am not a lawyer, but at the worst it looks as if the worst that can happen to a reasonable cyclist who hits a negligently stupid pedestrian is that they would be jointly liable. This doesn't mean that you shouldn't take care around pedestrians, but it does mean that you are entiltled to expect an adult not to act like a toddler when it comes to anticipating thier actions (legally)
Makes sense to me.