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Swerving

  • 16-09-2010 6:32pm
    #1
    Jamie-b
    Registered Users, Registered Users 2 Posts: 274 ✭✭


    If a child ran out in front of your car and you swerved and hit a wall could you sue their parents for the damages? This hasn't happened to me it's hypothetical (and I doubt it would be the first thing people think of when they narrowly miss hitting a child!) but I just thought of it and was curious. Regardless of whether the child just upped and ran as they sometimes do could you be charged with endangerment?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Jamie-b wrote: »
    If a child ran out in front of your car and you swerved and hit a wall could you sue their parents for the damages? This hasn't happened to me it's hypothetical (and I doubt it would be the first thing people think of when they narrowly miss hitting a child!) but I just thought of it and was curious. Regardless of whether the child just upped and ran as they sometimes do could you be charged with endangerment?

    I sincerely doubt it. If you are in a residential area (most likely place for this to occur) you would owe a duty of care to travel at a speed where such a manoeuvre would be unnecessary. You should be able to stop.

    Obviously the scenario is completely dependant on the facts though.


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