Osei-Antwi v South East London and Kent Bus Company Limited (2010)
Osei-Antwi was standing on the pavement by some safety railings, after exiting a bus, where she anticipated crossing the road.
The bus driver turned a sharp left causing the rear of the bus to hit and crush her against the safety railings.
The Court held Osei-Antwi was two-thirds liable as she was on the wrong side of the railings at the time of the accident.
However, on appeal, the Court found she was not at fault.
Osei-Antwi had been standing in a designated pedestrian area and was therefore not doing anything “inherently dangerous”.
Further, even if she had expected the bus to turn, she was not under any obligation to move back from the railings as motor vehicles were not supposed to be in that area.
The bus driver was the root cause of the accident and Osei-Antwi did nothing to contribute to it.