That's one way of putting it. Or another is that if it's infeasible in exceptional circumstances it is better to transport some people than no people. By another example, the railway quite rightly is not permitted to open any new non-accessible stations, but they aren't being forced to close stations that are not accessible.
Ideally, but if it isn't possible to do that I don't agree that the best thing to do is to transport nobody. We may differ there, of course, but that is my firm view.
I am happy to agree that in the ideal world common sense should be used in the provision of alternative transport for train passengers. Clearly walking 100 yds is better than sleeping on the station.
In agreeing with that point it is important not to forget that in the real world many passengers travel with large amounts of luggage, are aged and infirm, disabled, travel with youngsters, bikes, budgies and all manner of stuff. You have got to get them AND all that stuff, safely, from A-B via a bus replacement service through F.
it is those practicalities that make or break a suggestion and whilst you might be happy to leave behind those less fortunate than you the railway company cant. You haven't suggested how those people less mobile should be conveyed safely to their destination.
Any common law duty of care will depend on the circumstances. For instance, the floor at Preston station or an unheated Pendolino were all that could be reasonably provided yesterday when things were really bad. If there were hotel rooms available in Preston, that would not have fulfilled a reasonable duty of care in my view. As there were not, it did. See what I mean?
indeed
but, using the example we were discussing previously, by exposing the passengers to greater risk outside the station ( in asking them to walk an undefined distance to a bus in bad weather) you may fail to discharge that duty of care. I agree that risk of incident may be small but unless you take steps to mitigate such risks you leave your self open to further action.
BTW i understand duty of care quite well thanks
