Standing v seating: legal points

[dieselbashdave]

Ok... Here is a hypothetical one, you are on an EC service, you have reserved your seats from EDN to KGX, you show up to find a full service and your seat has been taken by some yob who refuses to let you have the seat. The train manager and his cronies refuse to help as (i) the train is far too busy and he has to do other jobs or (ii) he may be wary of approaching said yob for fear of assault. What happens then if you are in a crash and are severely injured because you were forced to stand up because of a 3rd party.

for one who do you hold responsible, the yob... the TOC... the train manager for not doing his job or all 3??? And would there be a case as you had reserved seats which were clearly marked on your booking and on the seats.

I would argue that the yob is responsible primarily but that the guard is also partly to blame for not shifting him. However I would imagine that the yob is to blame and would be required to hand over whatever money has (I'd also take his vodka stash too!) to me for contributory delict.

As a moot point, I do tend to wear Doc Martens, jeans and braces and have little to no hair on my shiney nut so it's probable that the yob would shift when a 6ft tall skinhead barks at him