Warsama v London Fire Brigade

Warsama v London Fire Brigade

The Defendant’s driver was negligent in driving at an excessive speed (45mph) and failing to brake when the Claimant became a visible hazard, but the Claimant was equally at fault for stepping into the road while intoxicated and misjudging the situation. Both parties’ actions contributed to the accident, and liability is apportioned equally.

Parties
Claimant: Sagal Adam Warsama; Defendant: London Fire Brigade
Jurisdiction
England and Wales
Judgment Date
25 March 2020
Procedural Posture
Civil Personal Injury / Judgment After Trial on Liability
Outcome
Judgment for the Claimant with a finding of 50% contributory negligence
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Duty of Care, Emergency Vehicles
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accident Duty of Care Emergency Vehicles

Case Brief

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Parties

Sagal Adam Warsama

Claimant

London Fire Brigade

Defendant

Procedural Posture

Civil Personal Injury / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the driver of the Defendant’s fire appliance was negligent
  2. 2 Whether and to what extent the Claimant was contributorily negligent

Ratio Decidendi

The Defendant’s driver was negligent in driving at an excessive speed (45mph) and failing to brake when the Claimant became a visible hazard, but the Claimant was equally at fault for stepping into the road while intoxicated and misjudging the situation. Both parties’ actions contributed to the accident, and liability is apportioned equally.

Court Disposition

Judgment for the Claimant with a finding of 50% contributory negligence

Orders

  • Claimant to recover damages reduced by 50% for contributory negligence