The recent decision of the High Court in Hughes v Williams regarding a parent’s choice between a booster seat and a child seat shows further developments in legally defining parental responsibility.

Ms Williams was sued for contributory negligence following success in her and her daughter’s personal injury claims after a road accident as she had chosen to place her daughter upon a booster seat as opposed to the child seat specifically designed for a child of that age.

The case turned on exercise of parental discretion the booster seat over the child seat despite both being in the car. At trial, the Judge accepted that Ms Williams had made her choice as a parent to use the booster seat but on appeal, the Judge found that she had been negligent in making the decision to use it as her daughter was not the correct age or height for the seat.

The decision demonstrates how everyday actions as a parent can be placed under legal scrutiny in the event of an accident.

Hubbard Pegman and Whitney have experience in dealing with personal injury claims involving children. If you would like further information following an accident that wasn’t your fault involving your child, please contact us on 020 8735 9770 and ask for a member of the personal injury department.


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