Where a pedestrian crosses a major road other than at a marked crossing, the court will assess contributory negligence by reference to the same standard of care as applies to the defendant driver under s 5R of the Civil Liability Act 2002 (NSW). A pedestrian who fails to see an approaching vehicle that should have been visible throughout the crossing will be found contributorily negligent. On future domestic assistance, Miller v Galderisi does not preclude an award at commercial rates where inferences can be drawn that family members providing gratuitous assistance will cease to do so — particularly where adult children are likely to leave home and a carer is likely to return to work.
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