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Rose v South East London & Kent Bus Co Limited, High Court, 22 April 2004

27 April 2004
The issues

Pedestrian – Pedestrian Crossings – Contributory Negligence – Road Traffic

The facts

The Claimant was trying to cross a road divided by a traffic island. The island was surrounded by a railing that left a strip of 18 inches of pavement on the roadside. There was a break in the railing for a pelican crossing. The Claimant crossed the road up to the traffic island and then walked along the roadside strip to the pelican crossing. As she did so, she slipped and was struck by a bus as it started to move through the crossing.

The decision

The bus driver had suffered a momentary lapse in concentration. He had an obligation to check the position of the Claimant and to take reasonable care to make sure she was safe before he moved his bus. Had he seen her, the accident would not have occurred. The Claimant however had clearly taken a risk in crossing the road in the manner in which she had. Judgment for the Claimant subject to a finding of 50% contributory negligence.

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