Delivery driver runs over kitten in driveway of property. Who is at fault?

A woman is in the process of receiving a delivery of groceries having ordered them online. The supermarket vehicle is parked up in the driveway and the goods are being offloaded. The woman lets her cats go outside. This is the UK. One of her cats is a 7-month-old kitten. She does not know where he is.

As she knows he could be outside she asks the delivery driver to move off slowly after the delivery has been fully offloaded. The idea is to give the kitten warning that the vehicle is moving. The driver does not carry out her instructions and drives off quickly. The kitten is crushed by one of the wheels. The kitten must have been very near the wheel when the vehicle moved off.

The woman is naturally distraught. The supermarket apologised, gave her flowers and £100. The woman is still upset and feels aggrieved. She is complaining to the company.



Who is at fault? It is not all on one side. I'd say the woman is equally at fault as the driver. She may have to bear the burden of most of the fault in my view. She knew the van was there. She knew her kitten could have been there. A tragic accident was forseable. She did not do enough to prevent it. The better solution would have been to either keep her cats inside when the delivery was being made or to inspect under the vehicle before it was driven off.