Hamill v Oliver

• Jurisdiction: Ireland
• Judge: GRIFFIN J.
• Judgment Date: 24 June 1977
• Neutral Citation: 1977 WJSC-SC 757
• Court: Supreme Court
• Docket Number: [1974 No. 1254 P],(34-1976)
• Date: 24 June 1977

1977 WJSC-SC 757

THE SUPREME COURT

O'Higgins C.J.

Henchy J.

Griffin J.

(34-1976)

HAMILL v. OLIVER

MARGARET HAMILL

v.

KENNETH OLIVER

AFFIRMING HIGH-26.2.76

1 JUDGMENT delivered on the 24th day June 1977 by GRIFFIN J.(nem diss)

2 On the 2nd September 1973, the plaintiff was a passenger in her husband's car when it was involved in a collision with a car the property of the defendant on the main Dublin to Derry road near Slane in the County of Meath. She claimed damages against the defendant and her action came on for trial in the High Court on the 26th February 1976. At the trial, the defendant admitted negligence, but counsel for the defendant sought to have a question on contributory negligence left to the jury on the ground that, at the time of the accident, the plaintiff was not wearing a seat belt although one was fitted in the car for use by the front seat passenger. The learned trial Judge refused to allow this question to go to the jury in the absence of evidence on behalf of the defendants that the accident would not have happened if she had been wearing a seat belt, or that, if a seat belt had been worn, she would not have suffered the type of injury sustained by her. The only question, therefore, left to the jury was that of damages, and she was awarded £6,000 for general damages (in addition to agreed special damages).

3 Two question arise for consideration in this appeal:(1) whether the Judge correctly ruled that the question of contributory negligence did not arise, and (2) Whether the Jury's award of £6,000 for general damages was excessive.

4 The first question is whether the trial Judge should have ruled out contributory negligence although she was not wearing the seat belt provided in her husband's car. Neither the plaintiff nor her husband was at the time wearing a seat belt. This was a new car being only a few months old, but she said in evidence that they had never worn the seat belts provided.

5 The Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1971, (S.I. No. 96 of 1971) made it obligatory to fit safety belts and anchorage points in motor cars for use by the driver and the front seat passenger farthest from him. The regulation apply to all cars first registered on or after the 1st June 1971, and the car in which the plaintiff was travelling was so fitted. Since March 1973, all main roads in the country display large road safety posters with the slogan "Live with a safety belt" painted in very large letters thereon. Advertisements appear regularly on television advocating the wearing of seat belts and drawing attention to the...