Brandy and Marvin (about 25 years old) were about to take a ride with their bicycle to the playground, but they only had one bike. Marvin convinces Brandy to go, even without helmets. When they were crossing a street a car crashed into them. Brandy fell down and hurt her leg and had a mild brain shock. Marvin didn’t hurt himself. The bystander called the police, as soon as the police arrived they began to ask what happened. The woman said it wouldn’t be her fault because she wasn’t able to see them because there were two bins in the way. The bins were put on the wrong place by the city.
Who’s fault is it?
kind regards ana
There is more than one party at fault here.
1. The driver is at fault for not being more cautious. True, there are bins in the way, but that is reason for driving slowly and safely to ensure that nothing will happen.
2. Marvin is at fault for persuading Brandy to ride without a helmet and put herself at risk.
3. Brandy is at fault for listening to Marvin’s bad advice. As a 25 year-old, she is responsible for her own actions and knows that riding without a helmet is dangerous.
4. The city is at fault for placing the bins in a bad location and endangering bikers and others.
If it was a question of monetary damages, the driver will be liable for compensation. A person who causes damage is liable even if he was not fully at fault.