In Togo Africa, six soccer players have been killed in a bus accident while twenty – eight (28) others were injured.
The six football players killed in the accident were all members of the Etiole Filante team. The accident occurred while the team is heading to Togo’s second largest city - in Sokode last Saturday for a match scheduled for Sunday.
According to reports, a burst coming from one of the tires was heard by the passengers before the bus dropped over and fell down on a ravine causing it to catch fire.
Apart from the six football players who died on the accident, twenty – eight (28) others were seriously injured. One of the survivors stated that they can’t even remember how they managed to get out of the flaming bus.
Some of the victims reportedly died due to burns and not from the accident itself. Most of the players whom were able to get out of the bus were all in the front rows.
Casualties were assisted by the Togo government as ordered by President Faure Gnassingbe. They were brought to the military wing of the Lome Central Hospital for immediate medical treatment. An ambulance was used by a delegation headed by sports minister Christophe Tchao to transport the victims.
The Lome based football team – Etiole Filante, which means shooting star is the seven time champion of Togo’s National Team. The group also became a runner – up in Africa’s continental club competition way back in 1968.
It was only last year when the team experienced the same fatal tragedy in a bus, when their vehicle was attacked by a gun while heading to the African Cup of Nations Tournament in Angola. The incident caused the death of the two of their team officials as well as injuring other players. Now, yet again six of their lead players were killed from this accident
Year 2012 is fast approaching and this seems to be dreadful coincidence. Hopefully on the next coming year, no more tragic bus accidents will occur and that the football federation will be more attentive in providing safety and security for the team.
The main cause of the accident was not clearly mentioned on the reports aside from the busted tire. If anyone suffers from an injury caused by an accident while in either private or public premises, he or she may file for a premise liability claim. If proven guilty of negligence, the football committee may be held liable under the existing law.
Showing posts with label bus accident. Show all posts
Showing posts with label bus accident. Show all posts
Tuesday, November 29, 2011
Thursday, June 26, 2008
Bus: Presumed Liable
I’d like to add a few ideas regarding this bus accident.
Compared to accidents involving two private vehicles or between a private vehicle and a pedestrian, the injured party in a bus accident has higher chances of collecting damages from the wrongdoer. This is because the bus is a common carrier.
A common carrier is a business enterprise, which is involved with carrying passengers and/or goods from one place to another. Common carriers first have to obtain a license from the state before they can operate. A license is needed because their business involves public interest and public safety.
Thus, the state requires them to observe extraordinary care and diligence when performing their business or when traveling with passengers and/or goods.
As a result, whenever a common carrier is involved in an accident, the law provides a presumption of negligence against the carrier, and in favor of the passengers or victims. The burden of proof lies with the carrier. It has the burden of showing that the personal injury suffered by the victims is not caused by its nonobservance or lack of extraordinary diligence.
Failure to oppose this presumption given by law would make the common carrier, after due proceedings, liable for the incident.
However, the victim may also be considered as contributory negligent in the case. When the common carrier proves, by sufficient evidence, that the victim performs an act or fails to do an act which also caused the incident, then his claim of damages from the common carrier may be mitigated or may even be reduced to nothing.
The only cause that can ultimately exempt the common carrier from its liability is by proving the attendance of fortuitous events or inevitable acts; and such events or act is the proximate cause of the accident.
Compared to accidents involving two private vehicles or between a private vehicle and a pedestrian, the injured party in a bus accident has higher chances of collecting damages from the wrongdoer. This is because the bus is a common carrier.
A common carrier is a business enterprise, which is involved with carrying passengers and/or goods from one place to another. Common carriers first have to obtain a license from the state before they can operate. A license is needed because their business involves public interest and public safety.
Thus, the state requires them to observe extraordinary care and diligence when performing their business or when traveling with passengers and/or goods.
As a result, whenever a common carrier is involved in an accident, the law provides a presumption of negligence against the carrier, and in favor of the passengers or victims. The burden of proof lies with the carrier. It has the burden of showing that the personal injury suffered by the victims is not caused by its nonobservance or lack of extraordinary diligence.
Failure to oppose this presumption given by law would make the common carrier, after due proceedings, liable for the incident.
However, the victim may also be considered as contributory negligent in the case. When the common carrier proves, by sufficient evidence, that the victim performs an act or fails to do an act which also caused the incident, then his claim of damages from the common carrier may be mitigated or may even be reduced to nothing.
The only cause that can ultimately exempt the common carrier from its liability is by proving the attendance of fortuitous events or inevitable acts; and such events or act is the proximate cause of the accident.
Subscribe to:
Posts (Atom)
