Woman loses negligence suit against SBS Transit over fall on double-decker bus

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A woman who fell while climbing the stairs of a double-decker bus has lost a civil negligence suit against transport operator SBS Transit (SBST) and the bus driver.

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According to The Straits Times, a district judge ruled that the fall was not caused by driver negligence but by the passenger missing a step.

The judgment, issued on 11 February, noted that while the woman’s injuries were unfortunate, fault did not lie with the driver.

The passenger, Madam Tran Thi Phuong Nga, was in her late 60s when she boarded the bus on 17 February 2020.

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Carrying a bag of food in her right hand, she climbed to the upper deck while holding the handrail with her left. As she reached the top of the stairs, the bus moved off, and she fell.

She later sued the bus driver, Mr Lui Nai Yu, and SBST in 2022, claiming that the driver had moved off before ensuring she was seated.

She argued that he should have paid extra attention to her as an elderly passenger but was instead distracted by a conversation with another passenger at the front of the bus. She also alleged that the bus moved off or stopped suddenly and that Mr Lui was steering with only one hand.

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During the trial, video footage from the bus was presented in court, showing multiple perspectives of the incident. The footage reportedly contradicted Madam Nga’s claims.

District Judge Samuel Wee ruled that there was no requirement for a bus driver to wait for all passengers to be seated before moving off unless they were particularly vulnerable.

Since Madam Nga had walked briskly and chosen to sit on the upper deck despite available seats below, the judge found no reason for Mr Lui to have exercised extra caution.

Additionally, the judge dismissed her claim that the bus moved with a sudden jerk, noting that other passengers standing on the lower deck remained stable when the vehicle moved off and stopped.

Mr Lui, who was represented by lawyer Mr Willy Tay, denied any breach of duty.

He stated that he had operated the vehicle smoothly and had maintained control even when briefly steering with one hand. Footage confirmed that he initially used his right hand to press buttons before resting it on his lap, then turned the wheel gently with his left before returning both hands to it.

The court found no merit in Madam Nga’s argument that Mr Lui should not have been speaking to a passenger, ruling that it did not amount to negligence.

Judge Wee referred to legal precedents from Australia, England, and Scotland in assessing the case, as neither party could point to a specific local ruling on whether bus drivers must wait for all passengers to be seated before moving off.

He concluded that it is generally not necessary unless the passenger is especially vulnerable.

As Madam Nga failed to establish that the driver or SBST were negligent, her case was dismissed, and the lawsuit will not proceed to the next stage, which would have determined damages.



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