Timmy is a 12-year-old boy playing “tag” with his friends in the playground: “tag” is a game which includes one designated player chasing the other players and tapping them to catch them out. Timmy’s friend Reggie becomes the designated person chasing the other players, and Timmy starts to run away from Reggie as Reggie aims to catch him out. At one point, Timmy starts running backwards and collides with Pippa, the lunchtime supervisor. The back of Timmy’s head hit Pippa’s cheek. Although at first sight it seems that Pippa only suffered a bruised cheekbone, it is later discovered that three of Pippa’s back teeth died away at the point of impact.
Later that day, Timmy is collected from school by his 17-year-old sister Jess and his mother Fiona. Jess is a learner driver with a provisional driving licence and is driving the car under the supervision of Fiona, who has held a full driving licence for 25 years. Jess has been learning to drive for three months. On the way home, Jess does not take note of a red traffic light and proceeds to drive through it. Although Fiona immediately tries to apply the handbrake, she is too late in doing so and the car collides with another car. Fiona suffers severe blood loss due to a cut on her head (sustained at the point of impact). Unbeknownst to Fiona and her family, Fiona suffers from an underlying medical condition which exacerbates her condition and ultimately leads to her death.
Discuss the extent to which Timmy and Jess may be liable in the tort negligence.
