A bus company's duty of care to passengers may extend beyond safe deposit on the footpath where the company has knowledge that the alighting location is dangerous, has been warned by its own drivers, and could easily and inexpensively eliminate the risk by adopting alternative drop-off arrangements. A motor vehicle driver who sees pedestrians including children near a stationary bus and appreciates the risk of someone emerging into traffic must slow to a speed at which a collision can be avoided, applying the Shirt balancing test. An assessment of contributory negligence at 20% for a 17½-year-old of above average intelligence who crossed a busy 80 km/h road in front of a bus without looking was held to be outside the proper exercise of discretion; 40% was substituted.
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