Ms Rose was hit by a bus as she attempted to cross the road.

The road was separated by a traffic island which was surrounded by a railing. The road was very busy with traffic and due to this the defendant driving the bus was stationary and therefore able to spot Rose crossing the road.

Rose slipped before reaching the other side of the road and, as a result, was hit by the bus.

The Court held the driver of the bus was a cautious driver and the accident was only caused due to a momentary lapse of concentration.

However, as a driver, the onus was on him to ensure Rose was out of the area of risk before proceeding to drive forward.

Liability was split at 50% as the Court claimed Rose had put herself in a position of risk.

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