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Dean Wilson obtain settlement for e-scooter case despite ‘ex turpi causa’ defence.

08 Apr 2024

Dean Wilson recently obtained a settlement for an e-scooter case, despite arguments in the claim.

Background to the E-Scooter Accident

At the time of the accident, Mr C was travelling on a road in the early evening on his privately owned e-scooter. The Defendant’s vehicle was stationary at a junction to Mr C’s left. Despite Mr C having right of way, the Defendant pulled out directly into oncoming traffic. As a result, Mr C sustained severe hip fractures and had to be taken to hospital for immediate surgery.

Arguments in the Claim

The Defendant insurer relied on the defence of ‘ex turpi causa non oritur action’. (No action can arise from an illegal act). Mr C’s claim for compensation for his injuries was categorically denied on the grounds that Mr C was at the time riding his privately owned electric scooter illegally on the road and it was argued that Mr C’s injury was caused entirely by, or contributed to by, his own negligence and criminal act. Ben Davey of Dean Wilson Solicitors rejected the argument put forward by the Defendant insurer and argued that liability for Mr C’s injuries lay with the Defendant, in that they failed to give way to and in all circumstances take adequate care for the safety of Mr C.

The Settlement

Despite the defence put forward by the Defendant insurer, Ben Davey of Dean Wilson Solicitors, assisted by Tom Gardiner, were able to successfully apply pressure on the Defendant and obtained a favourable settlement for the Claimant. They acted in this matter on a no win no fee basis. The team worked with Mr William Dean of Deka Chambers, who provided invaluable counsel on the complex liability issues surrounding the case. 

If you have suffered injuries as a result of a road traffic accident you can contact our personal injury team for a free initial discussion on the circumstances of your case at 01273 249200.

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