E-scooter rider, who broke her leg whilst riding e-scooter illegally loses compensation claim:
- Bénédict Tarot Freeman
- Dec 2, 2022
- 3 min read
Giovanna Drago, 22, crashed an e-scooter into a pothole in Barnet, north London·
Mrs Drago smashed her leg in the accident in October 2020 while riding illegally·
She unsuccessfully attempted to sue the local authority for £30,000 damages, despite blantently breaking the law·
This has now set a very dangerous precedent for all other illegal e-scooter riders:
A young woman who broke her leg whilst illegally riding her e-scooter has lost her claim for compensation against High Barney Council in the first court case of its kind, that has now set a dangerous legal precedent for all other e-scooter riders.
Giovanna Drago, 22, hit a pothole in Barnet North London, in October 2020 whilst illegally riding broke her left knee when her new Xiaomi Mi Pro 2 e-scooter and severely broke her left knee. It took 20 months for her to recover from her injuries.
Mrs Drago told Central London County Court she had no chance to avoid the pothole because it was dusk and hard to see. She then unsuccessfully attempted to sue the London Borough of Barnet for failing to maintain the road correctly.
She claimed she was entitled to damages despite fully admitting riding her e-scooter on the road illegally.
The council however said she should get no compensation because she had caused her own injury by illegally riding on the roads.
Currently only scooters rented from an 'authorised hire scheme' - rather than privately owned vehicles - are legitimately allowed on public roads.
Mrs. Drago's was selfishly the first to go before a judge and has now set an extremely dangerous precedent for the safety of all other e-scooter riders going forward.
After her fall, Mrs Drago (pictured) had to wear a knee brace and crutches for six weeks, although most of her symptoms cleared up within 20 months
After her fall, Mrs Drago had to wear a knee brace and crutches for six weeks, although most of her symptoms cleared up within 20 months However, her injuries left a 12cm scar, along with pain and 'clicking, swelling and muscle-wasting' around the knee.
The London Borough of Barnet is denied blame for her injuries, insisting its staff did their utmost to keep the road safe and clear from hazards.
Geoffrey Mott, counsel for Barnet, pointed out that using privately owned e-scooters on public roads is 'currently illegal'.
What's more, Mrs Drago had bought her £558 scooter from an Amazon supplier that clearly warned all of its customers upon purchase that e-scooters where totally illegal for use on the UK’s roads, he argued.
Even if the council were at fault in failing to maintain the road, which Mr Mott disputed, a damages payout 'should be precluded because the injury was the consequence of her own unlawful acts'.
'While the injury may not have happened but for the breach of duty on the part of the council - if so found - it was caused by the criminal act of Mrs Drago,' he argued.
'It is admitted that the claimant was engaged in an activity which was unlawful, namely riding an e-scooter on a public highway,' she told the court.
The court heard Mrs Drago's husband took a photo of the 6” offending pothole some 3 months after the accident.
But Mr Mott said safety officers had regularly monitored the stretch of road where the scooter rider ran into trouble, carrying out the last scheduled inspection just three months before her spill.
There was no pothole or similar hazard on the road at that time, he told the judge, and when the council did finally receive a complaint about a pothole in January 2021, the surface was repaired 'within 2 hours'.
The Judge presiding over the case ruled against her adding 'Allowing her clearly frivolous claim would be inconsistent with the Government's policy to restrict e-scooters to protect the general publics safety.' Also that ‘it’s plain to see that Mrs. Drago’s blatant lawbreaking was clearly the cause of her own injury and loss.’
コメント