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Phillips-Turner v Reading Transport Ltd, County Court, 26 January 2000

15 August 2000
The issues

Bus Passengers – Bus Moving Off – Negligence

The facts

The Claimant aged 63 was a passenger on the Defendant’s bus. She was making her way to the far end of a long seat between the entry and the exit doors when the bus moved off and she fell. She alleged that the driver had failed to make sure she was seated before moving off and that he had moved off with a jerk.

The decision

Following Fletcher v United Counties Omnibus Co Limited (1998 PIQR at page 154) bus drivers generally did not have a duty to wait for all passengers to be seated where safety supports were provided although different considerations might apply where a passenger was elderly or infirm or particularly encumbered. The Claimant was a fit and active 63 year old. She was not vulnerable. There was nothing to suggest the driver ought to have taken particular care. On the evidence, although there was a slight jerk as the bus moved off it was nothing out of the ordinary.

Claim dismissed.

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