i-law

Liability Risk and Insurance

Ambiguous seat belt decision

A Circuit County Court judge in Killarney found that Jimmy O’Callaghan, the owner of a school bus, was liable for injury to a child incurred during horseplay on the bus. Although the provision of seat belts for children is not compulsory, judge Sean O’Leary held that non-restraint of the four-year-old constituted negligence. An award of €6,000 is to be appealed by the company to the High Court and in the meantime the service has been withdrawn.

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