MARY STEEL AGAINST McGILL'S BUS SERVICE Ltd [2015] ScotCS CSOH_5 (20 January 2015)

MARY STEEL AGAINST McGILL'S BUS SERVICE Ltd [2015] ScotCS CSOH_5 (20 January 2015)

The bus driver failed to ensure the pursuer, an elderly and unsteady passenger, was seated before moving off, contrary to company policy and common law duty. The movement of the bus while the pursuer was not seated caused her to lose balance and fall. The defenders are liable.

Citation
[2015] ScotCS CSOH_5
Parties
Pursuer: Mary Steel; Defender: McGill’s Bus Service Ltd
Jurisdiction
Scotland
Judgment Date
20 January 2015
Procedural Posture
Personal Injury Reparation / Judgment After Proof
Outcome
Defenders found liable to pursuer for injuries sustained.
Legal Topics
Negligence, Duty of Care, Passenger Safety, Employer Liability
Tort Personal Injury Negligence Duty of Care Passenger Safety Employer Liability

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Parties

Mary Steel

Pursuer

McGill’s Bus Service Ltd

Defender

Procedural Posture

Personal Injury Reparation / Judgment After Proof

Legal Issues

  1. 1 Whether the bus driver was negligent in moving the bus before the pursuer was seated
  2. 2 Whether the pursuer's fall was caused by the bus driver's actions or her own health

Ratio Decidendi

The bus driver failed to ensure the pursuer, an elderly and unsteady passenger, was seated before moving off, contrary to company policy and common law duty. The movement of the bus while the pursuer was not seated caused her to lose balance and fall. The defenders are liable.

Court Disposition

Defenders found liable to pursuer for injuries sustained.

Orders

  • Award of £10,000 for physical and psychological injury (£7,500 attributed to past injury, with interest due).
  • Award of £100 for taxi fares.