Kuligowski v Metrobus

In *Kuligowski v Metrobus*, the High Court of Australia considered an appeal from a decision of the New South Wales Court of Appeal concerning the liability of a bus company for injuries sustained by a passenger. The passenger, Ms. Kuligowski, had been travelling on a Metrobus service when she fell and injured herself. She alleged that the bus driver's negligent driving caused her fall.

The central legal issue before the High Court was whether the bus driver's conduct constituted negligence at common law, and if so, whether that negligence caused Ms. Kuligowski's injuries. Specifically, the court had to determine if the driver's actions, which allegedly included accelerating and braking suddenly, breached the duty of care owed to passengers and if this breach was causally linked to the passenger's fall and subsequent injuries.

The High Court ultimately found that the evidence did not establish that the driver's actions were negligent. The court reasoned that while passengers on public transport are entitled to a safe journey, this does not extend to an absolute guarantee against any movement or jolting. The court applied the principles of negligence, requiring proof of a breach of duty of care and causation. It was held that the movements of the bus, as described by Ms. Kuligowski, were not so severe or unusual as to demonstrate a lack of reasonable care on the part of the driver. The court concluded that the passenger had not discharged the onus of proving negligence on the balance of probabilities.