Quote:
Originally Posted by XPS_Zero
Were raising a generation (which I'm embarrassed to be a member of) where a large section (thankfully, contrary to myth, not the majority) protest the mere notion of someone with an opinion they disagree with having the right to speak on their campus. Where in the social media sphere there is no longer such a thing as a good faith disagreement, everyone who does not agree with you is automatically the lowest form of puerile sc-m and a bad person. We live in a world where kids are told not to run on the playground because of insurance claims, where there have to be actual signs in a train bathroom saying "don't leave your infant unattended on the changing table"
, where there are "no hitting back" policies in schools and the idea of "be careful and watch where you are going" has been replaced by "i have a right to compensation based on a sliding scale any time I have an accident". Thankfully we havn't got the participation trophy's here yet but I'm sure they're on the way.
We've taken the very reasonable idea that we should be more considerate of other peoples feelings, mental health etc and gone so far to the extreme with it that there are some who want to wrap the world in bubble wrap.
"Hold the handrails" should be common sense. I agree the acceleration is pretty extreme when you are going up those stairs but if you hold the rail you'll be ok. It used to be that busses and trains didn't have enough but since the train refits and new busses there are plenty of hand rails to grip.
If were getting into the territory of "hold on the bus is about to move" we may as well go the full whack:
"wipe your runny nose"
"don't forget to brush your teeth"
"remember to eat carbohydrates with every meal"
"get your flu shot"
"do not cross the road until the green man shows"
"do not leave your toddler alone with a lighter"
I'm all for a welfare state, I'd go full on Scandinavian, but can we not have a nanny state? please?
Thankfully XPS_Zero,your views on "Common Sense" relating to boarding double deck buses in Dublin is strongly endorsed and upheld by the Court of Appeal.....
https://www.independent.ie/irish-new...-35269376.html
A unanimous verdict of the CoA laid down some significant precedence markers for this kind of stuff.
Quote:
It was "utterly unreasonable and unrealistic" to impose a duty of care requiring Dublin Bus drivers to check passengers are securely in their seats before driving off, Mr Justice Michael Peart said.
To require the driver not to drive away until he was satisfied Ms McGarr had reached the top of the stairs would impose an “impossible” standard of care that “completely ignores the realities of modern day bus travel”.
Dublin Bus was also entitled to assume “common knowledge” that buses, because of their sheer size and the volumes of traffic they typically travel in the city, “tend to sway and lurch a bit”, even when driven with great care, he said.
People know this, and know they need to hold onto the rails provided when standing on either of the decks or moving around, he said.
Good man Judge Peart,a bit of balance,figuratively or otherwise, never hurt anybody.
In this particular case,the Court also had the benefit of comprehensive CCTV evidence which flatly contradicted the claimant's version of events...
Quote:
Drivers are required to take “reasonable care” and the evidence in this case, including from CCTV footage, was the driver did not move forward in any abrupt, sudden or violent manner, he said.
The Busdriver,in this case,also benefitted from the skill and dexterity of other passengers......
Quote:
Mr Justice Peart said he and the other members of the court had viewed the CCTV footage carefully and agreed with the High Court findings. The footage showed, at the time Ms McGarr fell, a male passenger continued to drink undisturbed from a can,
he noted.
Either way,a Court of Appeal decision on a High Court judgement,is a slam-dunk in terms of the levels of proof required for future claims in this area...