Q Is a pensioner travelling on a bus with a free pass permitted by law to sue the conductor?
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AYes. A recent attempt by Liverpool Corporation to prevent a woman pensioner, aged 82, from sueing one of its bus conductors was rejected by the appeal court.
The pensioner, who was injured when boarding a bus, had signed a printed form which stated that the corporation and its employees would not be liable to the holder for loss of life, injury, or damage to property, however caused. The bus pass itself bore a condition excluding liability.
For the corporation it was argued that the free pass constituted a licence granted subject to condition and that the action against the conductor amounted to a fraud on the corporation and an abuse of court processes.
On behalf of the pensioner it was contended and upheld that the free pass constituted a contract rendered void by Section 151 of the Road Traffic Act 1960. This section renders void any contract which "purports to negative or to restrict the liability of any person" making a claim on a public service vehicle operator.