Wellington Council Largely Immune From Bus Carnage Lawsuits
Friday, 3 August 2012, 1:46 pm Press Release: LawFuel
Wellington Council Largely Immune From Bus Carnage
Lawsuits, Says Lawyer
LawFuel - NZ Legal Newswire
- Bystanders who witness the ongoing bus accidents in
Wellington could sue the Council if they suffer psychiatric
injury, according to Wellington lawyer and ACC law expert
John Miller, but the Council remains largely immune to any
other lawsuit regarding the accidents notwithstanding the
Accident Compensation Corporation itself suggesting that
they could face legal action.
The accidents, the latest of
which involved bus company director Tim Brown being
seriously injured, have continued since the bus lanes were
reconfigured in November 2010 with some 13 injuries and one
fatality.
LawFuel asked ACC law expert and former
lecturer John Miller whether there was any realistic chance
that the council could be sued in respect of the
accidents.Mr Miller said it would be extremely difficult to
sue either the Council or the bus company even if negligence
was proved.Suing for exemplary damages is a possibility for
those injured because such damages are not barred by the ACC
Act but they are difficult to establish and payouts are
relatively low, he said.
Further, the RSA/Bell case has
created a complication in suing the City Council because the
bar was set so high. The Supreme Court in the Couch
(RSA/Bell) decision said the duty of care would need to
involve that a party: ''consciously appreciated the risk
the conduct in question posed to the safety of the plaintiff
and proceeded deliberately and outrageously to run that risk
causing harm to the plaintiff''
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