IF MY CHILD GETS INJURED OR KNOCKED BECAUSE THEY PLAYED IN THE MIDDLE OF THE ROAD, SHOULD MY CHILD BE BLAMED FOR PLAYING IN THE ROAD?.

Nakimuli’s 5-year-old niece came to visit last week her favourite aunt. While Nakimuli was cooking lunch, she heard people screaming and ran out of the house to find her niece lying on the ground after being knocked by her neighbour Baji. Baji has refused to pay hospital bills or take care of any bills because the child was carelessly playing in the road. Nakimuli disagrees and wants to go as far as court to fight Baji. Does she have a case?

Yes, she does.

By law, if you put yourself in a position that you know is unsafe, without taking any precautions, then you and the person who created that situation are both to blame for what happened. You will be to blame for failing to protect yourself and the other person will be to blame for creating unsafe circumstances.

For instance, if you decide to pose for a photo while holding your neighbour’s violent and dangerous dog and it bites you, then your neighbour is being reckless or negligent in allowing that dog out in the public, but you have equally contributed to the situation by negligently allowing your hand to touch the tough violent dog.

This is the same when you are involved in an accident when you fall out through the windshield of a car because you refused to wear a seatbelt even if your car is knocked from behind. This is called contributory negligence in law.

📷: Hunting Happiness Project.

When there is a child involved. The situation is different. By law (decided court cases), a child cannot be said to blame for what happened to them unless they are of such an age as to be expected to take precautions for his or her own safety. A child below 10 years of age is not expected to take precautions for their own safety and cannot, therefore, be liable for contributory negligence. Therefore, Nakimuli’s niece may have been playing on the road, but as a 5-year-old child cannot be expected to take steps to look out for her safety.

Remember this is considered on a case by case basis because some children below the age of 10 years may be more intelligent and able to take precautions for their safety than others and therefore they may be held to be contributory negligent for accidents they are involved in.

#BarefootLaw

#osutayusuf

Comments

UGANDA ELECTORAL COMMISSION TO ELIMINATE NATIONAL IDENTIFICATION CARDS (IDs) FOR 2021 GENERAL ELECTIONS.

The elimination of using National IDs (Ndagamuntu) for the 2021 elections should not have come as a surprise. One would be very NAIVE to think that Bobi Wine has not prepared for this in his Business Plan under the RISK section. It is public knowledge that our EC is not independent. It is also public knowledge that Military Dictator Yoweri Museveni will never lose an election. What stunned us this morning is when we noticed that on social media, people were mocking Bobi with his "get your Ndagamuntu". We are on record for saying to all Our readers that the National ID is like Apartheid in South Africa. Students of History would know how those IDs were being used to arrest people, deny them jobs, deny them basic services. Consequently, Bobi was not wrong and will never be wrong on the Ndagamuntu. Except the ones attacking him and mocking him forget that in Uganda, now, no National ID (Ndagamuntu), no service. If you have not been denied registering your child i...

Here is Why Our Utterances For Praying Jesus And God To Come Liberate Ugandans, May Be Misplaced. This Phrase is like inform of a Letter To Some Categorized Section Of Ugandans.

https://m.facebook.com/yusufosuta/photos/a.1896701010557789/2070383359856219/?type=3 OPEN LETTER TO NRM SUPPORTERS - NATIONAL ROBBERS MOVEMENT. .................................................................................. Last week of March, a friend told me to pray for Uganda. I told him that he was an Idiot and we have prayed for too long and we are still hungry and sick and Jesus is not coming soon to liberate us. He then ignored the STUPID and sent me a picture we all now know. It got me totally messed up. This guy was telling me to pray then sends a picture of men bowing down in blood. He might have meant guns but I blocked him because his utterances of praying for Uganda were misplaced. I unblocked him 3 weeks later and asked him about praying and assassinations. His reply "eithrr prayers or guns or both". I hate violence with a passion. So he is now blocked in like FOREVER. Do you feel safe? Do not feel safe. Uganda regim...

CAN I CHANGE MY MIND ABOUT THE INHERITANCE I RECEIVED AND ASK FOR SOMETHING ELSE ?.

#iip_updates . #Information_is_Power . Read more here https://informationispowah.blogspot.com/2023/07/can-i-change-my-mind-about-inheritance.html in the link. #we_inform_the_uninformed . Okello lost his wife 20 years ago and decided to only focus on their Mateo, Yona and Yosefu. 20 years later, Okello had 7 acres of land, a successful poultry business, and sinotrucks for hire. Early this year, Okello got a call telling him that one of his trucks knocked a boda boda. Okello decided to rush to see if he could sort it out before police became involved. Unfortunately, he never made it, as he was entering the main road, another trailer rammed into him and killed him instantly. After Okello had been laid to rest, his sons sat down and divided the property amongst themselves. However, of late, Yosefu the last born has started complaining that he was cheated, and he wants to be given something else because most of the chicken in the chicken business died of a fever. Can ...

Osuta Yusuf

Search This Blog