Childs foot caught in the door of a Bus

Varik

They were at the middle door while travelling but it was the front door that they exited right?

Thought those middle doors opened out and to the sides, otherwise if it was the front door the kid would need to be likely with the mother past the white line as the door is opening. Was it the door she got caught on or the hinge.

nuac

/Mod/

We have drifted from Legal Discussion

Anyone interested in that, or should be close this?

uck51js9zml2yt

MarkAnthony wrote: »

It seems the door was close on the OP's wife before she had a chance to get off. Surely that's someone not paying attention to their job? Genuine question.

Are the doors not covered by CCTV to ensure accidents like this don't happen? What training is in place in this regard?

I presume the door it self has safeguards built in to prevent injury?

She may not have been close to the last person who got off. The driver thinks that's everyone off and shuts the door to move off.
He hears a shout as often happens and opens the door not seeing the child as he didn't know to expect one.
The wife and child may have had to squeeze through a crowd blocking the aisle.
Many legitimate reasons for the driver not seeing her.
The child was in the wrong place when he opened the door, it happens.
Was the driver at fault ? In my opinion , no.
Circumstances just happen. Is there a claim?
Maybe legally, but morally, No.
There was no intent, no lack of care, no lasting injury.

lifeandtimes

Regarding ops idea of pursuing a claim please bare in mind the following.

Compensation should only be given when it is required I. E the child has been injured and medical fees must be paid and/or any future earnings are impaired by the injury that was received.

Your child seems fines and wouldn't require it however there was a case where a little girl received 10 k in compensation because a bike fell off a shelf in a toy store and scared the life out of her,didn't touch but she was "traumatised" by it and had nightmares etc and this money was given.

Get legal advise and we a doctor

Good luck

MarkAnthony

nuac wrote: »

/Mod/

We have drifted from Legal Discussion

Anyone interested in that, or should be close this?

Sorry not intentional, the doors seem a poor design/accident waiting to happen hence the anorakesque interest in them.

The_Minister

A lot of people here seem to be confusing:
(1) 'I don't feel that you should claim', with
(2) 'you cannot claim'.

If the bus driver injured a child by closing the door on her before she was clear of the bus, thereby injuring her, that sounds to me (me being someone who actually practices in the area), without knowing all the details, as something that you can sue for (not being legal advice, as there are a few other things you'd have to know before making a final decision)

As a very general rule of thumb, if someone performs their job negligently, and you get hurt by their negligence, you tend to be able to claim.

Given that she recovered quickly, it may be that the OP doesn't bother claiming / decides on moral grounds not to / decides not to risk the child being put through the stress of litigation.
Parents make that decision every day of the week ( personally, I'm not sure I'd pursue it if she quickly recovered, I'd probably just put in a complaint to make sure no other child was injured ) but whether you think claiming is moral, it is legal.

There seems to be a recent tendency on this forum to jump down the throat of people who want to claim for harm caused to them by others.
That's fine, so long as the line is kept clear between 'I think you shouldn't' and 'you can't'.

To Elland Back

Good post. I'd like to think there is a shift towards "I can sue, but I choose not to because no harm has been done. Stuff happens in life"

Now that is different to situations where a real injury has been caused.

average_runner

rondog wrote: »

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?

And you be the first give out when insurance costs go up.

Really dislike the way our country is money mad

Sam Kade

rondog wrote: »

you read it right but obviously completely out of context to suit your agenda.My wife was trying to get all her items off the hold all and hold a child too.Anyone with an ounce of sense could see she was getting ready to disembark except the driver who didn't even look in his mirror and just took off.
My wife could have whispered ,if that would please you more but its pretty hard to hear when she is at the middle door and over the noise of an engine.The driver also didn't even check to see was anyone standing at or near the door and just opened it and still sat there as my child screamed and my wifes belongings fell all over the place.

A lot of you seem perfect that you could juggle all your items and a buggy and child all at once while trying to disembark a bus.I take it none of your children have ever injured them selves as you all seem so VERY responsible.I applaud all you perfect parents,ill look out for your books.

Why didn't she put the child in the buggy?

nuac

/Mod//

Thread seems to going around in circles

Any post on legal issues - if not will have to close it

The_Minister

I should clarify something (sliding in under the door)

If an award of damages is made in favour of a child, it is not given to the parents.

It is kept in a safe fund for the benefit of the child when they hit 18 (though it may be accessed for certain necessary expenses for the child).

So, to be clear, the OP wouldn't get the money - it would be squirreled away for his daughter's benefit.

micosoft

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 don't need to. The bit that closes to the other door is soft rubber. You can happily put your fingers or foot in and no harm. The child probably got a light bruise at most.