Who is Liable For a Slip-and-Fall in a Bus?
Posted in Personal Injury on December 19, 2023
Slip and fall accidents are not uncommon, and individuals who sustain injuries due to the negligence of a property owner are often able to recover compensation for their losses. However, what happens if a slip and fall injury occurs on a bus?
Bus operators and other common carriers owe a specific duty of care to their passengers, which means the owner or operator of a bus could hold liability for a slip and fall that occurs on the bus. Here, we want to look at the process of recovering compensation in this particular circumstance.
Bus Carriers and a Duty of Care
Bus carriers, classified as common carriers, are held to a high standard of care for their passengers’ safety. This duty extends beyond just safe driving. It also encompasses maintaining the bus in a condition that minimizes the risk of injury to passengers. This standard means that bus operators must regularly inspect and maintain all parts of the bus, including flooring, steps, and seating areas, to ensure they are safe and free from hazards that could cause slip and fall accidents.
The duty of care for bus carriers also involves adapting to changing weather conditions, such as ensuring the entry and exit points are dry and clear of hazards like ice or water, which could lead to slips and falls. Additionally, when a bus is in motion, sudden stops or sharp turns should be managed carefully to prevent passengers from losing their balance and falling.
In the case of a slip and fall incident on a bus, determining whether the carrier met its duty of care is crucial. If the carrier neglected its responsibilities, leading to unsafe conditions that caused a passenger’s injury, the carrier could be liable for the resulting harm.
Slip and Fall Incidents on a Bus – Who is Liable?
Determining liability in a slip-and-fall accident on a bus involves examining several factors. First, the specific circumstances of the incident must be assessed:
- Was the fall caused by a transient hazard, like a spilled liquid that was not cleaned up promptly?
- Was it due to a more permanent issue, such as defective flooring or inadequate lighting?
If the hazard was known, or reasonably should have been known, by the bus operator and not addressed in a timely manner, the operator or bus company may be held liable for negligence. For instance, if a spill occurred and the staff failed to clean it up or warn passengers, resulting in a fall, this could be grounds for a liability claim.
However, if a passenger’s careless actions contributed to the fall, such as ignoring posted warnings or engaging in unsafe behavior, the liability might be shared or fall entirely on the passenger under comparative negligence laws.
Documentation and evidence play a vital role in these cases. Surveillance footage from the bus, witness statements, and incident reports can all contribute to establishing the sequence of events and determining liability.
By examining the nature of the hazard, the actions (or inactions) of the bus staff, and the behavior of the injured party, a better understanding of liability in a bus slip and fall incident can be formed, guiding the pursuit of appropriate compensation.
Do You Need a Lawyer to Help Determine Liability?
Injury claims involving a bus and the entities that operate the bus line are complex. It is not uncommon for these other parties and their insurance carriers or legal teams to push back from having to pay out fair compensation. We encourage you to reach out to a skilled bus accident lawyer who has experience handling slip and fall claims to help you through this process.