MOTOR CAR DAMAGE

Evening Star, Issue 22938, 21 April 1938, Page 10

MOTOR CAR DAMAGE

PLEA FOR ABSOLUTE LIABILITY UNIFORMITY WOULD PREVENT LITIGATION (Pcb Umitkd Phis* Associaiios.] • CHRISTCHURCH, April 21. “ To declare absolute liability in New Zealand is not to make a change in the law, but it is only to declare truly the law as it is being practically administered at present. To affirm absolute liability is only to affirm in writing into the Statute ■ Book a state of affairs that substantially exists in practice.” ' , Mr W. J Sim, of Christchurch, voiced this comment at the l conference of the New Zealand Law Society today, when he moved a remit—“ That this conference approves of the principle of absolute liability in motor collision cases, with provision for the asr sessment of damages by a judge and two assessors.” “ Damages would then be assessed upon logical, and not sentimental, principles,” he contended. A judge and two assessors would investigate the medical and economic questions in an atmosphere freed from undue sympathy. No doubt in a short time they would affirm standards which would become known and would furnish a fair guide for the settlement of cases,. If seen in its true light the proposed measure would be no wide departure from the existing statp of affairs, and would bring about a situation which was consonant with the proper administration of justice.” . • ' The term “ motor , collision cases, Mr Sim explained, was intended to cover generally all personal injuries caused by motor cars, and he would make reference to the proposed Bill dealing with them. Dealing with the position of insurance companies, Mr Sim said that although no official insurance figures were available, approximately 90 per cent, of bona fide claims in motor collision accidents were settled before or after a writ had been issued. Of the remaining 10 per cent, a contest took place on. damages only in possibly 9 per cent.; it. was only in rare cases that both liability and damages were fought but. The most familiar instance of absolute liability was the workers’ compensation scheme, whereby an employer was made to pay merely because a workman had been placed in a dangerous situation. It was overdue for recognition. Mr Sim submitted, that the motor car should be placed on the list of things dangerous in themselves. In 1880 a traction engine was considered by the English courts to be a dangerous thing and to be subject to absolute liability, because it scattered destruction across a fence among inanimate things. How much more should a motor car be recognised to-day. travelling, as it might, at 50 or 60 miles an hour, scattering destruction on the highway itself in the way of human life? This already had been recognised in England. The matter of absolute liability for .damages caused by motor cars had been adopted in regard to pedestrians in legislation , now in force in Germany, Austria, Poland, Holland, and Czechoslovakia, as well as in France. It was also under consideration in England, America, Italy, Hungary, Denmark, and Sweden at the present time. ; The saving of delay and the cost in litigation if the Bill- were passed was another important advantage. Uniformity in declaration ! of damages would be a distinct advance, enabling a settlement; to take place when the principles of damage applied by the judge and the assessors oould be known, as they would be. Finally, the removal of these intricate actions from the jurisdiction pf juries would in the final- result restore the jury to its honoured place in the community. • Discussion on the address was pro- . oeeding when the luncheon adjournment was taken.