What is the standard of care required for a bus driver to avoid or prevent injury to an elderly passenger?
British Columbia, Canada
The following excerpt is from Lawson v. B.C. Transit, 2002 BCSC 1438 (CanLII):
As set out in Wang v. Harrod, supra, once an accident has occurred, the defendant must meet the heavy burden of establishing that he used all proper and reasonable care and skill to avoid or prevent injury to the passenger. The standard of care imposed is the conduct expected of a reasonably prudent bus driver in the circumstances. The court must consider the experience of an average bus driver, as well as anything that the particular driver knew or should have known about the passenger. The standard of care required is higher when the driver knew or ought to have known that the passenger was handicapped or elderly.
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