Taking Caution at Pedestrian Crossings: Pedestrians BewareAsnah bte Ab Rahman v Li Jianlin
Wong Wen Jian
Citation: [2018] Sing JLS 140
Asnah bte Ab Rahman v Li Jianlin is a landmark 2016 Court of Appeal decision_x000D_
concerning the defence of contributory negligence in Singapore, especially where it_x000D_
concerns personal injury claims arising from motor accidents involving pedestrians._x000D_
Aside from the rare dissenting judgment, the majority's judgment is controversial for_x000D_
its decision that a pedestrian, who made use of a signalised crossing with the signal in_x000D_
his favour, was contributorily negligent because he failed to check for vehicular traffic_x000D_
again at the centre-divider. The majority's judgment may be relied on by motorists_x000D_
and their insurers in cases far beyond the factual context in which it was made, with_x000D_
potentially unfair consequences. Indeed, its reasoning can be readily extended to_x000D_
other types of personal injury claims. Although decided in 2016, Asnah warrants a_x000D_
detailed analysis that considers its potential implications, given its significance.