Childs foot caught in the door of a Bus

rondog

Hi All,

My wife and 2.5 year old child were on a bus last week.My wife queued to get off the bus.Driver shut the door and my wife shouted asking him to open the door as she was at the door mid way in the bus.Driver didn't check my child or anyone was at the door and opened the door on the childs foot and she screamed in agony.My wife in a panic dropped everything(wallet,bag etc fell all over the bus) as she went to tend to my daughter.
The driver didn't get up out of his seat to help and sat there.2 foreign girls had to jump on the bus and gather my wifes belongings and get her buggy as my daughter was screaming.
The driver said 'make sure shes ok' and just drove off.

My daughter couldn't walk properly(can walk fine now) and had slight bruising.I made a complaint and heard back asking would I like to make a claim.IM wondering what grounds do I have?
Im not one of those people who would jump at a claim jus to make a quick buck but I am living over this and the drivers lack of care and consideration and want some action taken and if I get a claim then so be it.

My question is what grounds,if any , do I have to claim and/or further this complaint?

draiochtanois

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rondog

draiochtanois wrote: »

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I think your claim if any should be against your wife, your daughter was in her care and should have been in her arms.[/quote]
Really?So you can carry a buggy,bags and a child all in your arms?
FYI -shes not an octopus

CorkColin

Claim for what? you said your daughter is perfectly fine now, even though the driver was inconsiderate and rude.

Atlantic Dawn

What did the doctor say when you brought her to be examined to see what her injuries were?

HeidiHeidi

A complaint and a claim are two separate and distinct things - you don't have to make a claim in order to make a complaint (although you may well have had had to make a complaint in order to pursue a claim).

Pursue your complaint about the driver by all means, but I honestly can't see what basis you would have to put in a claim.

MarkR

If you haven't a documented visit to a doctor to confirm the injuries, then you've no case. If you do, your child had a bruise on her leg, and is fine now. What compensation do you think is required? Are we talking an ice cream to make her feel better, or a new car?

Carawaystick

It seems there was a road traffic incident, where a person was injured by a mechanically propelled vehicle and the driver of the vehicle left the scene.
Section 106 of the road traffic act, as amended by S 17 of the RTA 2014 says
"if injury has been caused to any person, or any person appears to require assistance, the driver of the vehicle shall offer assistance"

eviltwin

The guy was a bit of a dick and a complaint about his attitude should go in for management to deal with. As for a claim....why? Isn't the main thing that she's okay with no lasting damage? What do you need to claim for?

Mr. Incognito

I dont know where all the Vitriol is coming from. The following is not legal advice but is more general commentry.

You may have grounds to make a claim if your daughter was injured by the door of the bus closing on her foot.

You would need to requisition the CCTV camera from the Bus. You would need details of the injury and a doctors report.

The Driver has a legal obligation to fill out an incident report form on the scene.

You can retain a solicitor or make a claim through the personal injuries Board. It usually pays to hire a solicitor as they can nagivate the proceess much much faster and they are more like to facilitate early settlements.

Banjoxed

Mr. Incognito wrote: »

I dont know where all the Vitriol is coming from.

We all pay enough insurance as it is.

Mr. Incognito

Banjoxed wrote: »

We all pay enough insurance as it is.

This is exactly what insurance is for. If a large mechanical door closed on my daughters 2.5 year olds leg I'd certainly be getting an MRI and X rays done.

The door isnt automatic. It is operated by someone who was not paying due care and attention.

draiochtanois

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Flatzie_poo

draiochtanois wrote: »

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From OP's description it sounds like the bus had stopped.

lifeandtimes

Yes but op has stated his daughter is fine and did not attend a doctor.

Making a claim won't go anywhere unless 1. There's a doc report and 2 there is lasting damage which would require compensation.

However in the unlikely event a claim was made and granted its situations like this that up everyone's premiums each year.

Op if your daughter is fine and there is no lastng damage make a complaint about the driver and his reckless attitude,the fact no incident report was filed and the bus company will thank you and everyone can move on

draiochtanois

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brian_t

Mr. Incognito wrote: »

This is exactly what insurance is for. If a large mechanical door closed on my daughters 2.5 year olds leg I'd certainly be getting an MRI and X rays done.

The door isnt automatic. It is operated by someone who was not paying due care and attention.

According to the OP the incident happened when the door opened.

And according to the OP the driver opened the door because the OP's wife (the childs mother) asked him to.

Surely the childs mother should have made sure her child was not in the way when she asked for the door to be opened.

rondog

rondog wrote: »

Driver shut the door and my wife shouted asking him to open the door as she was at the door mid way in the bus. ?

Maybe your wife should've checked where your daughter was standing when she shouted at the driver to open the door.
Seeing as she was in the middle of the bus & the driver was at the front


Edit: just seen above reply, +1 Brian

MarkAnthony

Slightly OT but why do Dublin Bus have buses with the doors in the middle? The drivers don't use them, you have to fight your way down to the front where every numpty is standing, despite free seats usually, and get off the front.

In civilised countries you get on the front door and out the middle.

Stone Deaf 4evr

To the OP,

whatever about the bus drivers attitude, which seems poor by your description, your child is safe and sound, count your blessings and move on.

If you still feel agitated, make a formal complaint so that at the very least a memo might get passed around and remind drivers to be a bit more attentive.

Atlantic Dawn

Surely the OP's first course of action should be to have the "injured" child examined to see if they are injured, if this happened a week ago and they have not yet seen a doctor they are a tad wreckless with their childs wellbeing.

JJayoo

Sounds like your wife needs to be a bit more responsible. Let's say the door didn't touch your child's leg and your 2.5 year old child is now outside the bus completely unattended.

The Bishop Basher

**** happens. Your child is fine. Be thankful, move on and enjoy your life.

Anything else and you're just "on the make". That's between you and your conscience but everyone else will utimately have to pay for your greed.

The Bishop Basher

Atlantic Dawn wrote: »

Surely the OP's first course of action should be to have the "injured" child examined to see if they are injured, if this happened a week ago and they have not yet seen a doctor they are a tad wreckless with their childs wellbeing.

Why would you go see a doc if the child is walking around fine and no longer in pain ?

Unless your hoping to find something for a claim...

Atlantic Dawn

Swanner wrote: »

Unless your hoping to find something for a claim...

Exactly :pac:

T-Maxx

Mr. Incognito wrote:

This is exactly what insurance is for. If a large mechanical door closed on my daughters 2.5 year olds leg I'd certainly be getting an MRI and X rays done.

And this is exactly why the A&E's are so overcrowded and have patients waiting on trollies.

MarkAnthony

Any possibility of some legal discussion creeping in at any stage?

snor

Have people no common sense or are they unable to take responsibility anymore? No wonder we pay so much for insurance in this country.

genericguy

MarkR wrote: »

If you haven't a documented visit to a doctor to confirm the injuries, then you've no case. If you do, your child had a bruise on her leg, and is fine now. What compensation do you think is required? Are we talking an ice cream to make her feel better, or a new car?

The dacia duster, car of choice for bull**** claim hunters.

REM76

MarkAnthony wrote: »

Any possibility of some legal discussion creeping in at any stage?

Sorry Mark, the mob has spoken!

Of course there is a valid claim here. There is obvious negligence on the driver's part to open the doors and catch the young girl's foot to the extent where her foot is bruised and she cannot walk on it.

Laughable ideas that "she's alright now". A broken arm would heal in time too.

Course of action: I would recommend a no-win, no-claim solicitor. Dublin Bus are obviously negligent. In none of their procedures would it read, open the doors no matter what maybe obstructing.

Doctor's report probably not required, some photos of bruising would be plenty.

By way of anecdote, I live in Perth, Australia. This would never happen here. Passengers board by front doors and exit by front and middle. Drivers are helpful and use ramps for any buggies and prams by rote. Shouting for the driver to open the doors here would never happen. There are numerous intercoms at the parent-child seats negating the need for shouting.

Also, Perth passengers thank the driver while exiting the middle doors too, another Irish myth.

MarkAnthony

My issue here as alluded to above is Dublin Bus are negligent by putting these buses into service in the first place. People who aren't from Dublin expect the middle doors to open allowing them to exit. Anyone who doesn't foresee the possibility of an harassed parent having a lapse in concentration as the bus is about to pull away without letting them off/having been sat there for a while without the door opening, frankly, don't have much of an imagination.

The child should have had medical attention and that medical attention plus nominal damages should be forthcoming to the OP.

I do wish people would stop whining on about the cost of insurance. It's not these sort of claims that drive up insurance, it's the one where someone in a similar scenario is dragged 400m and killed/seriously injured because the fools in Dublin bus weren't made aware of a potential danger. Ideally that's done by a courteous and attendant driver who fills in an accident report as is their duty in these matters. Failing that people's backs go up and they resort to the legal route as no apology is ever forthcoming.

DoctorEdgeWild

Did I read the OP wrong?


Passenger shouts at driver to open door.

Driver opens door.


Sorry if I mis-read but what sequence of events would have been better in your opinion?

The Diddakoi

REM76 wrote: »

By way of anecdote, I live in Perth, Australia.

.

So.....it won't be affecting your insurance premium when there is another unnecessary compensation claim made then.
Good for you

snor

My experience of Dublin Bus is similar to your Perth experience REM76.

Do the bus doors not have sensors to prevent accidental closing?

Dave0301

REM76 wrote: »

Sorry Mark, the mob has spoken!

Of course there is a valid claim here. There is obvious negligence on the driver's part to open the doors and catch the young girl's foot to the extent where her foot is bruised and she cannot walk on it.

Laughable ideas that "she's alright now". A broken arm would heal in time too.

Course of action: I would recommend a no-win, no-claim solicitor. Dublin Bus are obviously negligent. In none of their procedures would it read, open the doors no matter what maybe obstructing.

Doctor's report probably not required, some photos of bruising would be plenty.

By way of anecdote, I live in Perth, Australia. This would never happen here. Passengers board by front doors and exit by front and middle. Drivers are helpful and use ramps for any buggies and prams by rote. Shouting for the driver to open the doors here would never happen. There are numerous intercoms at the parent-child seats negating the need for shouting.

Also, Perth passengers thank the driver while exiting the middle doors too, another Irish myth.

Why didn't the mother make sure that her daughter was clear of the doors? On the tube in London the doors are automated, and families use it everyday and manage to stay clear of opening and closing doors.

People that think a claim is justified here are just looking for a quick buck, especially as there was no damage done that required medical expenses.

By all means lodge a complaint about the drivers attitude and move on.

MarkAnthony

DoctorEdgeWild wrote: »

Did I read the OP wrong?


Passenger shouts at driver to open door.

Driver opens door.


Sorry if I mis-read but what sequence of events would have been better in your opinion?

Driver opens the door as a matter of course, checking on the supplied cameras nothing/no one is in the way.

MarkAnthony

Dave0301 wrote: »

Why didn't the mother make sure that her daughter was clear of the doors? On the tube in London the doors are automated, and families use it everyday and manage to stay clear of opening and closing doors.

People that think a claim is justified here are just looking for a quick buck, especially as there was no damage done that required medical expenses.

By all means lodge a complaint about the drivers attitude and move on.

What's your legal basis for that statement?

What area's of the tort negligence aren't made out here?

MarkAnthony

snor wrote: »

My experience of Dublin Bus is similar to your Perth experience REM76.

Do the bus doors not have sensors to prevent accidental closing?

They way I read it - and I'm open to correction - the foot was caught when the doors were opened.

amdublin

I'm confused. Someone asks for the door to be opened. Door is opened. Someone now complains that door was opened and they had left their daughter in the doors way when it opened. How in God's name is this the drivers fault???

MarkAnthony

amdublin wrote: »

I'm confused. Someone asks for the door to be opened. Door is opened. Someone now complains that door was opened and they had left their daughter in the doors way when it opened. How in God's name is this the drivers fault???

Has the rest of the thread escaped your attention?

Dave0301

MarkAnthony wrote: »

What's your legal basis for that statement?

What area's of the tort negligence aren't made out here?

amdublin wrote: »

I'm confused. Someone asks for the door to be opened. Door is opened. Someone now complains that door was opened and they had left their daughter in the doors way when it opened. How in God's name is this the drivers fault???

I think amdublin sums it up nicely. Hard to see how any sort of claim of negligence could be taken seriously given the details that the OP has relayed.

MarkAnthony

Dave0301 wrote: »

I think amdublin sums it up nicely. Hard to see how any sort of claim of negligence could be taken seriously given the details that the OP has relayed.

Okay walk me through the elements of negligence and any that are not met in this case. I grant it's arguable from both sides, everything is, but it's been a long time since I did Tort and perhaps I've mistakenly thought one of the elements is met.

If you're not able to identify the elements of the tort of negligence that's fine, and I'm sorry to pick on you, it could have just as easily been the previous 20+ posters ranting on you just got my attention by being one of the latter ones. :pac:

So I throw that open to anyone on their high horse - anyone care to have a Legal Discussion?

handlemaster

When the driver was shouted at to open the door and duly did it was the OP wifes fault not to have taken care of her daughter. She was in her care and gave a clear instruction to the driver . The driver would be right in thinking it was safe to open

MarkAnthony

handlemaster wrote: »

When the driver was shouted at to open the door and duly did it was the OP wifes fault not to have taken care of her daughter. She was in her care and gave a clear instruction to the driver . The driver would be right in thinking it was safe to open

So if someone had shouted swerve left and he ploughed into a group of people that wouldn't have been the drivers fault?

He/she's either in charge of the vehicle or they're not.

TippCashel

Atlantic Dawn wrote: »

What did the doctor say when you brought her to be examined to see what her injuries were?

Doctor's opinion 100% the way to go here before any further legal proceedings go ahead.

handlemaster

MarkAnthony wrote: »

So if someone had shouted swerve left and he ploughed into a group of people that wouldn't have been the drivers fault?

He/she's either in charge of the vehicle or they're not.

That is not this case. Driver was shouted at to open the door.

MarkAnthony

handlemaster wrote: »

That is not this case. Driver was shouted at to open the door.

As I say they're either in charge or they're not - which is it?

Are you suggesting a Novus Actus?

uck51js9zml2yt

Everyone is omitting the fact that she crossed the white line and allowed her daughter be in the way of the door.
There are notices stating not to cross the line for obvious reasons.

Also given that the OP hasn't sought medical advice for her daughter would suggest she is OK. Whats to claim for? Trauma?
My son (5) walked into a pole last night while looking at a bus. Can I claim from DCC for the pole being in the way and him hurting his head and crying for 5 minutes? He wasn't watching where he was going.

MarkAnthony

Josue Scarce Conduit wrote: »

Everyone is omitting the fact that she crossed the white line and allowed her daughter be in the way of the door.
There are notices stating not to cross the line for obvious reasons.

Also given that the OP hasn't sought medical advice for her daughter would suggest she is OK. Whats to claim for? Trauma?
My son (5) walked into a pole last night while looking at a bus. Can I claim from DCC for the pole being in the way and him hurting his head and crying for 5 minutes? He wasn't watching where he was going.

No, no duty of care is owed in that instance, it's a stationary object in proper repair. If he had fallen over loose paving however the situation would be different.

So you're suggesting contributory negligence, or are you suggesting there is a bar to recovery? If so under what theory?

amdublin

MarkAnthony wrote: »

So if someone had shouted swerve left and he ploughed into a group of people that wouldn't have been the drivers fault?

He/she's either in charge of the vehicle or they're not.

Ok so say he he looks and cannot see small girl in door. Mother who can see small girl in the door is the person who requested door to be opened.
How am I missing that it has nothing to do with mammy and all to do with the driver??

She is either in charge of her child or not.

MarkAnthony

amdublin wrote: »

Ok so say he he looks and cannot see small girl in door. Mother who can see small girl in the door is the person who requested door to be opened.
How am I missing that it has nothing to do with mammy and all to do with the driver??

She is either in charge of her child or not.

We've moved into the realm of supposition.

Let's agree the driver is in charge of the vehicle and the parent of the child.

I'll further concede contributory negligence may play a factor. From what I can see all element of negligence are made out, albeit nominal damage.

What legal theory bars recover, even a partial one due to contributory negligence?