Are Bus Eireann liable

Alpish

Not sure if this is the right place but here goes. Me and my OH were travelling on a bus Eireann city bus when sommeone through a brick through the window and covered us in glass.

The bus driver didn't even stop to see if we were ok and my OH got glass in her eye and had to spend a day in hospital, missing a days work in the process(thankfully it didn't turn out to be serious). Bus eireann have offered to reimburse her wages and any other bills from the day, I was wondering should we take legal action and claim or is this as far as you can take it?

MagicSean

The same thing happened to me a few years back. Thankfully we were close to the hospital so the bus driver dropped me off outside. There would really have to be proof of negligence on the part of the bus company which contributed to a loss on your part in some way. It was very kind of them to pay for what they did to be honest. If you really would like to bleed them a little more you should contact a solicitor to see if you have a case.

RosieJoe

Gracefully accept the loss of wages and the cost of the bills, anything else would be bad luck money IMO.

Victor

They are likely to ask you sign sign something to the effect of "full and final" settlement - so it may be useful to talk to someone first.

That said, I don't think they have and real responsibility here.

Fey!

Some hooligan threw a brick through a bus window, and you feel that the bus company is responsible?

They have already offered to pay all expenses and loss of earnings. What else do you or your girlfriend feel entitled to from Bus Eireann? And why?

Also, did you want the driver to stop where someone was throwing bricks at you?

Alpish

Fey! wrote: »

Some hooligan threw a brick through a bus window, and you feel that the bus company is responsible?

They have already offered to pay all expenses and loss of earnings. What else do you or your girlfriend feel entitled to from Bus Eireann? And why?

Also, did you want the driver to stop where someone was throwing bricks at you?

So you think it's responsible for the driver to not ask if anybody was hurt or even report the incident? A woman went up and told him people had been hurt and he told her sit down and when the bus stopped at the final destination he wanted to know nothing about it. So no, I don't think Bus Eireann is responsible but the driver showed no care of duty for his passengers.

MagicSean

Alpish wrote: »

So you think it's responsible for the driver to not ask if anybody was hurt or even report the incident? A woman went up and told him people had been hurt and he told her sit down and when the bus stopped at the final destination he wanted to know nothing about it. So no, I don't think Bus Eireann is responsible but the driver showed no care of duty for his passengers.

If someone was hurt they could have easily called an ambulance themselves. What exactly did you expect him to do? I'm sure the driver did report it as he would have had to explain the broken window.

Alpish

For the record I have no intention of suing Bus Eireann, I just wanted to know where I stand on the matter!

MagicSean

Alpish wrote: »

For the record I have no intention of suing Bus Eireann, I just wanted to know where I stand on the matter!

Clearly you do, that's why you want to know where you stand.

Zambia

Good for you sadly in this day and age mosts people target those who can pay rather than those liable.

mikemac

There's not one person alone who threw the brick, it's a gang of young lads.
Cowards on their own but brave men in a group it seems

Stopping the bus would probably have more bricks thrown so it seems reasonable for the driver to get out of the area

Edit, the driver would have reported it, the supervisor at the depot would need an explanation
Why do you think the driver would not report it?

Alpish

MagicSean wrote: »

Clearly you do, that's why you want to know where you stand.

Clearly? Are you a mind reader?..I wanted to know if there was any protocol involved.

When I rang up Bus Eireann they said they had no record of an incident.

MagicSean

Alpish wrote: »

Clearly? Are you a mind reader?..I wanted to know if there was any protocol involved.

No, you wanted to know if you could claim.

I was wondering should we take legal action and claim or is this as far as you can take it

Alpish wrote: »

When I rang up Bus Eireann they said they had no record of an incident.

There's no way a driver left back a bus with that much damage and told nobody. I'd say it's likely they just don't have a centralised system of incidents. I doubt they make a habit of reporting this stuff to the Gardaí or head office as it happens so often.

mikemac

Alpish wrote: »

When I rang up Bus Eireann they said they had no record of an incident.

Don't ring Bus Éireann HQ, you ring the depot that the bus belongs to

Of course it was reported, the driver tells their boss who orders maintenance to fix it.
Forms to be filled, there is a record

Alpish

MagicSean wrote: »

No, you wanted to know if you could claim.


Apologies if I worded it wrong I just wanted to know what was the standard protocol for incidents like this as it seems to happen a lot. Think the best option here is to just take what Bus Eireann have offered and write it off as one of those days!

charlemont

Fey! wrote: »

Some hooligan threw a brick through a bus window, and you feel that the bus company is responsible?

They have already offered to pay all expenses and loss of earnings. What else do you or your girlfriend feel entitled to from Bus Eireann? And why?

Also, did you want the driver to stop where someone was throwing bricks at you?

That's how I felt when it happened me too, The bus braked and I flung forward and hopped my ceann off the yellow bar, It happened very quickly too but thankfully I was fine..

Delancey

There was a court case some years ago against Irish Rail when a large metal bolt was thrown through a window of a train injuring a pasenger , the passenger sued CIE claiming the absence of toughened or laminated glass was negligence on the part of the company.
Passenger lost the case.

discus

....And thank **** for that verdict!

Contra Proferentem

What is the world coming to? Soon it'll be reasonably foreseeable that a brick/bolt will be thrown through the window of a moving vehicle.

How did that passenger claiming against CIE/Irish Rail lose? I imagine there must have been a duty of care given the proximity (customer) and maybe reasonable foreseeability?

MagicSean

Contra Proferentem wrote: »

What is the world coming to? Soon it'll be reasonably foreseeable that a brick/bolt will be thrown through the window of a moving vehicle.

How did that passenger claiming against CIE/Irish Rail lose? I imagine there must have been a duty of care given the proximity (customer) and maybe reasonable foreseeability?

i presume this is sarcasm? It's a little hard to tell.