In the case of Flynn v Bus Atha Cliath [2012] IEHC 398 Charleton J held that the plaintiff had been injured whilst rising from her seat to alight from the bus. The injuries were caused by the momentum of the vehicle changing dramatically due to the braking of the driver.
The Judge accepted however that the drivers actions were entirely reasonable, a child having ran on to the road in front of the bus.
He said “The courts cannot apply a counsel of perfection. The duty of care expected of a driver is a high standard but it is still to be measured by the reactions and expectations of reasonable men and women.”
He went on to conclude, “Nothing could have been done to avoid the accident to Mrs Flynn. The bus driver Mr Friel reacted correctly to a potential hazard to life. In the circumstances, the case must be dismissed.”
