McGarr -v- Dublin Bus/Bus Atha Cliath [2015] IEHC 277 (28 April 2015)

McGarr -v- Dublin Bus/Bus Atha Cliath [2015] IEHC 277 (28 April 2015)

The defendant was not negligent as the standard of care does not require a bus driver to ensure a passenger is seated or has cleared the stairs before moving off, especially where the plaintiff failed to hold onto the rails and the movement of the bus was not violent.

Citation
[2015] IEHC 277
Parties
Plaintiff: Margaret McGarr; Defendant: Dublin Bus/Bus Atha Cliath
Jurisdiction
Ireland
Judgment Date
28 April 2015
Procedural Posture
Personal Injuries Action / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Standard of Care, Personal Injury, Contributory Negligence
Tort Law Negligence Standard of Care Personal Injury Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Margaret McGarr

Plaintiff

Dublin Bus/Bus Atha Cliath

Defendant

Procedural Posture

Personal Injuries Action / High Court Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in moving the bus before the plaintiff had secured herself, causing her to fall and suffer injury.
  2. 2 Whether the standard of care required the driver to ensure passengers were seated or had cleared the stairs before moving off.

Ratio Decidendi

The defendant was not negligent as the standard of care does not require a bus driver to ensure a passenger is seated or has cleared the stairs before moving off, especially where the plaintiff failed to hold onto the rails and the movement of the bus was not violent.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's action dismissed