Lunt v Khelifa (2002)

Khelifa, a motorist, knocked down a pedestrian as he was crossing a road at a junction normally controlled by traffic signals.

At the time of the accident, the traffic signals were not working. Lunt was under the influence of alcohol at the time of the incident.

The Court ruled that Khelifa was two-thirds liable on the basis he breached his duty of care as he failed to brake and, in addition, failed to anticipate pedestrians in an area where he ought to have known pedestrians were likely to be.

 
 

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