Mothers Negligence in Use of Booster Seat
The child had been placed on a booster seat rather than the 5 point restraint also fitted to the car. The evidence showed that the booster seat was designed for a slightly older and taller child and she barely made the weight required. It was found that, had she been in the child seat with the 5 point restraint, the injuries would have been largely avoided. Consequently, it was held by the High Court that her mother was liable to contribute 25% of the damages awarded for her injuries.