McGarr -v- Dublin Bus/Bus Atha Cliath [2016] IECA 366 (05 December 2016)

McGarr -v- Dublin Bus/Bus Atha Cliath [2016] IECA 366 (05 December 2016)

The defendant did not breach its duty of care as the bus did not move off violently or abruptly, and the plaintiff’s failure to hold the hand rails was the primary cause of her fall; the standard of care contended for by the plaintiff is unreasonable and not required by law.

Citation
[2016] IECA 366
Parties
Plaintiff/appellant: Margaret McGarr; Defendant/respondent: Dublin Bus/Bus Atha Cliath
Jurisdiction
Ireland
Judgment Date
05 December 2016
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Duty of Care, Standard of Care, Contributory Negligence
Tort Law Personal Injury Negligence Duty of Care Standard of Care Contributory Negligence

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Parties

Margaret McGarr

Plaintiff/appellant

Dublin Bus/Bus Atha Cliath

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Extent of duty of care owed by bus operators to passengers ascending stairs
  2. 2 Whether bus driver breached duty by moving off before passenger was seated or secure
  3. 3 Appropriate standard of care for bus drivers in urban settings

Ratio Decidendi

The defendant did not breach its duty of care as the bus did not move off violently or abruptly, and the plaintiff’s failure to hold the hand rails was the primary cause of her fall; the standard of care contended for by the plaintiff is unreasonable and not required by law.

Court Disposition

appeal dismissed

Orders

  • Plaintiff’s claim dismissed
  • No finding of negligence against defendant