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ARTICLE · 04 JULY 2011

Criminal acts and civil liabilities: where does one stop and the other begin?

Cooper Grace Ward
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A passenger involved in stealing a car was found to be owed a duty of care.

AustraliaInsurance
Tony Park
Tony Park
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Miller v Miller [2011] HCA 9

A passenger involved in stealing a car was found to be owed a duty of care after the driver lost control of the vehicle and crashed into a pole.

Facts

The 16 year old plaintiff had been out drinking with her sister and cousins. After discovering the last train had gone and she had run out of money, she decided to steal a car to drive home. The defendant, one of her cousins, offered to drive the plaintiff and her friends home in the stolen car. The defendant began driving recklessly, speeding and running red lights, and the plaintiff asked on two occasions to be let out of the vehicle. The defendant refused these requests and shortly afterwards lost control of the vehicle and crashed into a pole, killing one passenger and rendering the plaintiff a tetraplegic. The plaintiff made a claim for damages arising from the negligence of the driver.

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