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Mothers Negligence in Use of Booster Seat

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Proceedings were brought on behalf of a 3 yr old child severely injured in a road accident when a car driven by her mother was in collision with an oncoming vehicle. The young driver of the other vehicle had lost control and was entirely to blame for the accident. Liability was admitted on his behalf but contribution towards the damages was sought from the mother.

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.

Emma Hughes v Estate of Dayne Joshua Williams and Louise Emma Williams