Bus injury victim wins claim for damages - March 2008
A man who sustained head injuries after falling from a bus when the doors closed on him has won his claim for damages.
The High Court was told that the man and three friends missed the bus at the official stop but then ran to catch up with it. The man succeeded and got on to the bus as it stopped at some traffic lights. He then turned and stood in the doorway urging his friends who were still outside to hurry up.
The doors then closed on him and the bus moved off. In his struggle to free himself he fell backwards into the road and sustained serious head injuries. The bus continued and did not stop until the next set of traffic lights 70 metres further on.
The bus company manual specified that the bus should not be moved with the doors still open. The court ruled that the driver had been negligent because he knew the man was between the doors yet he still proceeded to close them and move off.
There had been no contributory negligence on the man’s part and he was entitled to claim damages. |