Under ss 5R and 5B of the Civil Liability Act 2002 (NSW), the Pennington v Norris approach — under which a driver's control of a motor vehicle capable of causing great damage made the driver relatively more culpable than a pedestrian — no longer applies. Both driver and pedestrian are held to the same standard of care, each being equally conscious of the capacity of a motor vehicle to cause damage. Where damages for future care in a residential aged care facility are claimed, the assessment must be based on evidence of the actual cost of such care rather than the cost of commercial care in the home.
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