Burden v Fingleson

In the case of Burden v Fingleson, the plaintiff, Burden, brought a claim against the defendant, Fingleson, for damages following a motor vehicle accident that occurred when the defendant's car struck the plaintiff, who was a cyclist travelling on a shared path. The dispute centred on issues of liability, including the speed of the cyclist, whether there was obstructed vision, the point of collision, and the perception-response time of the driver. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues the court needed to decide were whether the defendant owed a duty of care to the plaintiff, and if so, whether that duty was breached. The court also had to determine if the plaintiff's actions contributed to the accident and, if so, how liability should be apportioned. Furthermore, the court needed to assess the damages recoverable by the plaintiff, including non-economic loss, past and future economic loss, and past treatment expenses.

The court found that the defendant did owe a duty of care to the plaintiff, which was breached when the defendant exited the driveway without adequately checking for oncoming cyclists. The court held that the defendant was 75% liable and the plaintiff 25% liable for the accident, based on the plaintiff’s speed and failure to use available lights on his bicycle. The court held that the plaintiff was not entitled to damages for non-economic loss but awarded damages for past and future economic loss and past treatment expenses. The judgment concluded with an award of $172,430.33 in favour of the plaintiff and ordered the defendant to pay the plaintiff’s costs.