Question

Graham bought four long fence posts which he put in the back of his pick-up truck. He did not secure them, as he was only travelling a short distance and he did not think they would fall out. As he drove down a country lane, one fence post caught the hedge at the side of the lane. This caused all the fence posts to fall off the back of his truck.

Asif, a fashion model, was driving behind the pick-up truck and was unable to avoid the falling fence posts. His car was damaged. Unfortunately, one post came through the windscreen of the car, causing severe cuts to Asif’s face. This has ended his career as a model.
Advise Graham as to whether he is liable for Asif’s injuries

Answer 1

He is liable

Step-by-step explanation:

As the owner of the pick-up truck and the fence posts, Graham has a duty of care to ensure that the posts are properly secured while being transported. By failing to secure the posts, he breached that duty of care, which led directly to the accident and Asif’s injuries. Therefore, Graham can be held liable for the damages caused by the accident, including Asif's medical expenses, lost income, and pain and suffering.