Wrecked foot on CityDirect bus!

inisboffin

:eek:
Kind of a bit in shock, this just happened, and I am going from shock to downright pissed off

Got on a City Direct before Cooks Corner.
The bus was very full, and my friend and I had to stand near the driver at the front of the bus, with my back to the door. I have never been on one of those little red buses when this full (was living elsewhere for a few years).

We were around Shantalla, and without warning to get out of the way, the driver opened the door, and myself and my bag were caught in the automatic push. I told him I was caught, but the door kept opening, I pushed against it but it kept coming!

I pulled my bag free and the door slammed on top of my foot, my friend told him I was caught too, but the door kept on. At this point my foot was under pressure, and seemed to be stuck between the floor and the door. The driver was ignoring this situation, or not listening to me. I had to pull my foot out with force, and the door ripped the leather of the top of my boots and caught my toes too.
I sat down for a second as someone got off, and then we were at my stop and got off. I said to the driver that the door caught me and to let other people know, but he didn't answer.

Once I got off the bus, my foot started to really throb, and I walked home and just took my boot off and it is starting to swell and looks bruised.

My boots are destroyed, they are only 2 months old and are ripped open on one boot. At least a few people on the bus saw my torn boot.

Once I got in my friend said she would tak a photo of my foot (and the other one for comparison) and the boot on her phone. I will attach them.I don't think my toe is broken but it is definitely sore and bruised. I am very upset...
I am putting ice on it now.
My (relatively new) boots, however are destroyed. This is completely unacceptable. If I was in sandals (don't laugh, I have seen a fair few minis and sandals in town today!) my toes would be in shreds.

I rang the number when I got in hoping to at least get a machine, but nothing.
I emailed them at the email on their (sort of) website, and forwarded the photos too.

Any advice? I doubt I will go to a doctor, but if I do, should they pay for it? I've no insurance for that. What about my boots?
I'm pissed off now with a purply toe!

Wompa1

**** happens my friend, just gotta build a bridge and get over it. I wouldn't even bother making a complaint or anything cus nothing will be done about it

inisboffin

No offense Wompa1, but that's not the way I think.

If I had different shoes on, I would likely have been cut and bleeding.
If I had a kid with me and their foot got caught, I dread to think what would have happened.

Is there no emergency stop on those doors once they open?
This is b*llox to be honest, and I am hoping it doesn't happen to anyone else.

leninbenjamin

if ye were close enough to be standing by the door then the bus was overcrowded. they may be liable, i don't know. you were also standing in a place you shouldn't have been and there are notices so some of the liability may fall with you. I'm pretty sure something can be done about the driver for ignoring youwhen there was clearly a health and safety issue. not a legal head though so not sure. go to a doctor or A&E. you never know, if there was a lot of pressure you could have broken something. the foot's like that.

I dislike CityDirect intensely. A lot of the driver's are irreverent pricks in my book, and well this is just another story to reinforce my beliefs. as bad as CIE is, CityDirect are worse. I hope they have the decency to pay for your shoes at least.

wet-paint

Definitely worth following up. I'd get a solicitor's letter written up as well, if nothing's forthcoming from the bus company.

inisboffin

Thanks lads. Rang my mate who's a doc.. short of going for an x ray, no way or really knowing if I broke something. Not much to do anyway if it is a tiny bone, except let it heal. Toes are wiggling, so unlikely. I iced it, so it is mainly sore and bruised.

Yeah, frankly there was NO WHERE else to stand apart from where I was. I shuffled a bit out of the way just before it happened, as people were settling with bags, but the bus was so packed. There could have been signs I honestly don't know, but don't remember seeing one, but don't see how I could have anyway.

I am just pissed off that the driver ignored an 'accident' AS it was happening.
I could handle it if the bus was overcrowded and we got a 'mind the doors opening' or SOMETHING, but as people were moving out as it was happening I would have had very little room even if my foot had gotten loose.
And to be honest, I am rightly pissed off about losing me nice Christmas boots.:rolleyes:

biko

Sorry to hear about your foot/boot. You should try to follow up but a lot of buses has a restricted area next to door where no-one is supposed to stand. Don't know if driver is responsible to enforce this.

leninbenjamin

biko wrote: »

Sorry to hear about your foot/boot. You should try to follow up but a lot of buses has a restricted area next to door where no-one is supposed to stand. Don't know if driver is responsible to enforce this.

Actually now that i think of it the signage informing passengers of this is usually directly behind the driver on most of the buses, so if you never actually went beyond the line it would have been up to the driver to inform you, you couldn't have known otherwise. i'm sure a solicitor type would clarify all this though for you.

C-J

Im sorry my friend, id you'd like to meet a solicitor and discuss this with them with photographic evidence, the best they can do is send a claim off to PIAB but I think whatever you'll get in compensation will be overshadowed by legal costs. In fairness, the bus company are covered by the fact that they have signs on the bus warning you not to stand too close to the door etc- you will be in the wrong in this instance Im afraid but thats the way things go. The fact that the driver was so unhelpful may have helped mitigate your costs in other circumstances but Im afraid here theres no point pursuing a claim.
CJ

inisboffin

Yeah, I can't tell you for sure where signs are, i will look, but common sense tells me that the signs have to be in view of the passengers in order for them to 'obey' them. The fact of the matter is that there wasn't anywhere TO go (to get out of the way of the doors)!

It's like me sitting and banging me head in that space outside the loo on a plane on the way in, and me not obeying the fasten seatbelt sign (and NO 'fasten seatbelts' or 'mind youself' audio).

The trajectory of the doors threw me, and it happened so fast.
Foot is much better thanks to arnica cream and ice
Boot is in critical condition:D

cornbb

It sounds like the bus company are liable for what happened. If the bus was so crowded that you had to stand that close to the door then the driver should not have left so many people on. I don't believe in trivial/fraudulent compensation claims but I think you would be damn right to pursue the bus company for a few hundred quid towards the cost of your boots and your medical bills. They are (or should be) insured to deal with things like this.

C-J

Insurance may cover it but I think the legal costs will overshadow any benefit you might get out of it Im afraid.

leninbenjamin

C-J wrote: »

Insurance may cover it but I think the legal costs will overshadow any benefit you might get out of it Im afraid.

in that case you could always threaten to pull a Joe Duffy on them and just try to generate a bit of negative publicity in the local papers or that for example. they might be willing to pay for your crap then.

inisboffin

I just rang them. The owner isn't here 'til later, a nice enough man took my details and said he'd ring me.

To be honest, I am not even after a few hundred quid.
An apology, a word with the driver, a tenner for the arnica and a NEW PAIR OF FECKIN BOOTS (they were around 90 quid) would probably do it.

Oh Joe Duffy, the bard to terrify kings

SimpleSam06

C-J wrote: »

Im sorry my friend, id you'd like to meet a solicitor and discuss this with them with photographic evidence, the best they can do is send a claim off to PIAB but I think whatever you'll get in compensation will be overshadowed by legal costs. In fairness, the bus company are covered by the fact that they have signs on the bus warning you not to stand too close to the door etc- you will be in the wrong in this instance Im afraid but thats the way things go. The fact that the driver was so unhelpful may have helped mitigate your costs in other circumstances but Im afraid here theres no point pursuing a claim.
CJ

Where did you get this information from? Having been on those buses myself, they are playing fast and loose with a whole library of regulations, including consumer rights and health and safety.

According to the OP, the bus was too crowded to stand anywhere else. It is the responsibility of the driver to stop passengers getting on if the bus has exceeded its safe capacity. The only time I have seen them refuse access to anybody was when someone with a pram tried to get on, and in all likelyhood that was because the pram would have taken up space for two more people they could pack in.

Secondly also according to the OP, there were no warning signs. This removes whatever very limited protection the bus company might have had from liability. Swimming pools get sued all the time when some kid slips and cracks their nut, depsite "no running" signs all over the shop.

Thirdly, the bus driver ignored the OP when he / she spoke up about the problem, adding negligence to the irresponsibility.

Fourthly, the bus doors should not be remotely capable of tearing through boot leather. That they are is actually fairly frightening; what if some child was standing there?

This is only one of many issues with City Direct which has begun to surface lately. They do not give change, which is illegal, and they do not give receipts, which is highly illegal. Most of their customers don't really care enough to take action, but its only a matter of time before the whole circus gets closed down, or someone gets seriously hurt, IMHO.

If I was you, OP, I'd call a few solicitors on the phone, explain the situation, and ask them to meet up for an initial no charge consultation to get the details of the case worked out. If the solicitor can give you a decent quote on suing them, I'd say you have them cold, once you have photos of the damage.

They won't just be liable for your boots either, they'll be lucky if the courts don't remove their licence entirely, and lay punitive damages on them (which could be one hell of a lot more than a few hundred quid you will be receiving).

Can't hurt to make a few phone calls.

C-J

Im a trainee solicitor and have worked with the two best law firms in the country Im just giving my opinion on the matter.
CJ

SimpleSam06

C-J wrote: »

Im a trainee solicitor and have worked with the two best law firms in the country Im just giving my opinion on the matter.
CJ

Of course you are. And thanks for that.

boardswalker

There are two separate issues here. Firstly, the issue of liability for damage to OP and her (?) property. Secondly, the issue of accident prevention. Every near miss should be reported, investigated and appropriate preventive measures put in place. I would also consider reporting this to the HSA to ensure that steps are taken that might prevent this or worse happening again. From www.hsa.ie
"The staff of the HSA provide the following services to employers, employees and the public:

* promote good standards of health and safety at work
* inspect all places of work and monitor compliance with health and safety laws
* investigate certain serious accidents, causes of ill health and complaints
* carry out and sponsor research on health and safety at work
* publish codes of practice, guidance and information
* provide an information service during office hours
* develop new laws and standards on health and safety at work"

If the facts as told by the OP are correct, then it is possible that the driver was negligent and the bus company management may also have been negligent.

tristanc

It sounds as though the driver should not have let you (and the other people at the stop) on to the bus, and just asked everyone to wait for the next one.

Victor

SimpleSam06 wrote: »

They do not give change, which is illegal

There is no obligation to give chantge, only an obligation to accept Euros as payment. It is for the customer to have the correct change.

SimpleSam06

Victor wrote: »

There is no obligation to give chantge, only an obligation to accept Euros as payment. It is for the customer to have the correct change.

In cases where there might be a reasonable excuse to not have change, that would be acceptable. In this case, its just bollocking around. They used to give change. Even on Dublin bus you get a credit note towards your next bus journey. It fits in well with the overall picture of the company which is emerging. The more I think about it, the more disturbing it is, I mean you'd have a hard time going through boot leather with a butchers knife. And their door managed it with ease?

inisboffin

Still haven't heard anything, but unlikely until next week. Fair enough, but I wanted to let them know asap. A phone call would be nice.

To again clarify a couple of things.

There may have been signs but a) it was so packed you couldn't see anything except the front windows b)if the signs were further back, I couldn't have even gotten back by them, c) once on the bus, there was no where else to
stand APART from where I stood (and you couldn't see how full it was until you were on).

Boots - I have to say my boots were made from suede leather, so easier in fairness to cut through than thicker leather. You can see a 'rubber' tread skid too before it took off the piece near my little toe.

SimpleSam06

inisboffin wrote: »

Boots - I have to say my boots were made from suede leather, so easier in fairness to cut through than thicker leather. You can see a 'rubber' tread skid too before it took off the piece near my little toe.

I'd say you're lucky to still have a little toe. Taking them to task for it would be doing everybody a favour; you've got mobile deathtraps rattling around the city to line the pockets of a few people. Any court would have their bollocks for breakfast. Why should they be able to turn a profit at the expense of public health and safety, and really, we'd all be better off without that sort of business.