There is no rule that apportionment between a negligent driver and a contributorily negligent pedestrian must always favour the pedestrian by reason of the motor vehicle's greater capacity to cause damage; the relative capacity to cause harm is a relevant but not determinative factor whose significance varies with the circumstances. The question whether s 5K of the Civil Liability Act 2002 (WA) modifies the Pennington v Norris approach to apportionment remains open in Western Australia.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.