How have courts in B.C and U.S.D.C dealt with liability for a collision involving a 4 year old child?
British Columbia, Canada
The following excerpt is from Scott v. Brown, 2013 BCSC 860 (CanLII):
Currie v. Fitt, 1996 CanLII 3441 (B.C.S.C.): A four year-old child suddenly ran out in front of the defendant’s vehicle from a driveway that was shielded by high grass. The court found that the defendant was not aware of the presence of children prior to the impact, but should have been, given the nearby playground. While the defendant should have been going slower, and would thus have seen the child sooner, there was such a short time between apprehension and impact that he would have been unable to stop in time to avoid a collision in any event. The court held that the driver was not liable.
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