Tuesday, 25th November 2008
Driver, parents found equally responsible for child's injury
A driver was yesterday ordered to pay more than €8,000 to a child he ran over when the two-year-old boy rushed into the street after an ice-cream van from behind a parked car.
However, the Civil Court ruled that the driver was only partly to blame for the accident, in which the child was injured, as the child's parents had not exercised due care over him.
The accident occurred on September 22, 1994 in Fgura. The boy, Christian Debono, was hit by a car driven by Charles Camilleri, who told the court that he had seen the child emerging into the street from behind a parked car and had braked but did not manage to avoid hitting him.
Mrs Debono told the court that she was doing housework and her children were eating in the kitchen when the accident occurred. She heard the jingle of the ice-cream van and then loud braking.
The court heard how the Debonos' front door was not locked and that the children often went out into the street.
The court concluded that both parties were equally to blame for the accident. Mr Camilleri had been driving at excessive speed and had failed to keep a proper look out. On the other hand, Mr and Mrs Debono had not adequately supervised their children and had not taken proper precautions to prevent them from leaving their home.
The court liquidated the damages sustained by Christian in the sum of €16,678. Mr Camilleri was ordered to pay half this sum.
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Comments
AS MR CARDONA WROTE
From the legal standpoint, since the child is entitled for 16000 in damages, a court trustee should be appointed to oversee good management of those funds and that the money gets spent for the child as required. It is also the obligation of the court to make sure that any of the money that remains (if any) will be placed in trust until the child becomes of age and than handed over. I don’t think the parents should be handed 8000Eur in their hands unless they provide medical and other genuine receipts related to the accident. Child neglect should be taken very seriously to protect the children.
Having said that, it is very difficult for parents to be on top of young energetic children 100% of the time. There are bound to be moments of distraction.