Facts
- A car driver negligently ran over the claimant while she was sunbathing
- A claim in trespass was made against the driver as the time limit of 3 years for negligence had expired
Issue
- Could there have been a trespass committed?
Decision
- No
Reasoning
- No intent, trespass is more difficult to prove than negligence, so make your claim promptly in negligence for a batter chance of succeeding
