MOTORING ACCIDENTS

Greymouth Evening Star, 21 April 1938, Page 7

MOTORING ACCIDENTS

LAW AND COMPENSATION REFORM ADVOCATED [PEB PBESS ASSOCIATION.] 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, j the law as it is being practically administered at present. To affirm absolute liability, is only to affirm in writing in the Statute Book, a state of affairs that substantially exists in practice.” , Mr. W. J. Sim of Christchurch, voiced this comment at the 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 assessment of damages by a judge and two assessors.”

“Damages would then be assessed upon logical and not sentimental principles,” he contended. “The judge and two assessors would investigate 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 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 state 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, either before or after the 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 out.

“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 a motor car 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 so recognised to-day, travelling as it might be at 50 or 60 miles an hour, scattering destruction on the highway itself in way of human life? This had already been recognised in England. A matter of absolute liability for damages caused by motor-cars has 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 cost of litigation if the Bill passed, was another important advantage. Uniformity in declaration of damages would be a distinct advance in enabling a settlement to take place, when the principles of damage applied by the judge and assessors, could be known, as they would be. Finally, the removal of these intricate actions from the jurisdiction of juries would in final result restore the jury to its honoured place in the community.

Discussion on the address was proceeding when the luncheon adjournment was taken.