COLLISION CASES.

Manawatu Standard, Volume LVIII, Issue 121, 22 April 1938, Page 2

COLLISION CASES.

ABSOLUTE LIABILITY. PRINCIPLE ADVANCED. Per Press 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 the law as it is being practically administered at present. To affirm absolute liability is only to affirm in writing in the Statute Book the 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 to-day. when he moved a remit: “That this conference approves of the principle of absolute liability in motor collision cases with provision for the assessment of damages by a Judge and two assessors.”

Damages would then be assessed upon logical, and not sentimental, principles, Mr Sim contended. A Judge and two assessors would investigate medical and economic questions in an atmosphere freed from undue svmpaHiv. 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 tlie existing state of affairs, and would bring about a situation which was epnsonant with the proper administration of justice. The term “motor collision cases,” Mr Sim explained, was intended to cover generally all xiersonal injuries caused by motor cars, and he would, make reference to the proposed Bill dealing with them. Dealing with the position of the 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 a writ had been issued. Of the remaining. 10 per cent a contort took place on damages only in possibly 9 per cent: it was only in rare cases that both the liability and damages were fought out. The most familiar instance of absolute liability was the workers’ compensation scheme, whereby the employer was made to pay merely because a workman had been placed in a dangerous situation. It was overdue for recognition.

Sir Sim submitted that tbe motorear should be placed on the list of things dangerous in themselves. In 1880 tlie traction engine was considered by English Courts to be a dangerous thing and to be subject to absolute liability because it scattered destruction across the fence among inanimate things. How much more should the motor-car be so 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 had already been recognised in England.. The matter of absolute liability for damages caused by motor-cars had been adopted in regard to pedestrians in the legislation now in force in German, 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 cost in litigation if the Bill was nassed was another important advantage. Uniformity in the declaration of damages would be a distinct advance, enabling a settlement to take place when the principles of the damage applied by the Judge and the assessors could be known. This would be the final removal of these intricate actions from the jurisdiction of juries. This would I in the final result restore the jury to its honoured place in the communitv. The discussion of the address was proceeding when the luncheon adjournment was taken.