DAVID RONALD GRIFFITHS v PETER GAVIN JAMES WOOD by HIS NEXT FRIEND ANGELA MARIE WOOD No. SCGRG 93/1792 Judgment No. 4490 Number of Pages - 16 Negligence (1994) Aust Torts Reports 81-274 (1994) 62 SASR 204

In the matter of David Ronald Griffiths v Peter Gavin James Wood, the Full Court of the Supreme Court of South Australia addressed an appeal concerning a road accident that resulted in serious injuries to a six-and-a-half-year-old boy, Peter Wood, who was struck by a semi-trailer driven by David Griffiths. The Court had to decide whether Peter's conduct was contributory to the accident and whether the trial judge's finding of negligence on the part of Griffiths was correct. Griffiths appealed against the District Court's decision that he was negligent and that Peter was not guilty of contributory negligence. The Court upheld the finding of negligence on Griffiths' part but found that Peter was guilty of contributory negligence. The Court's reasoning was based on the principle that a child's actions should be judged by the standard of care expected of a child of similar age, intelligence, and experience. The Court concluded that Peter's impulsive behavior while playing "bike chasey" demonstrated a lack of the necessary attention and judgment expected of a child his age. The Court found that Peter's actions, while not amounting to a deliberate disregard of safety, were nonetheless negligent as he failed to appreciate the danger of crossing a main street while engrossed in a game. Therefore, the Court ordered that Peter should recover only 90% of his damages, with the remaining 10% attributed to his contributory negligence.