Every year thousands of passengers suffer serious injuries while on board buses operated by public transportation entities, charter bus companies, and private bus lines. Under general common law ruled codified under California civil statutes, operators of public and private mass transit systems owe their passengers a heightened level of care.
Who is a Common Carrier Under the Eyes of the Law – California LawsThere are several factors that require analysis before an entity can be considered a common carrier under the law.
- The stated or intended purpose of the established entity or corporation is to transport individuals or goods (products) from one location to another.
- The entity promoted itself to the general public as being a transportation based company
- There is a set standard of fees as consideration for the transportation of individuals from one location to another.
- Taxi Cabs
- Buses – Including public transportation and private chartered tour buses and casino buses
- Escalators and elevators – including shopping malls, apartment buildings, and office buildings
- Train operators
- Ski lifts
Negligence Cause of Action – How to Prove Your Cases in the Court of Law:According to California Law, Negligence is established when a liable party fails in a manner expected of a reasonably prudent person acting under similar circumstances. There are four general elements which need to be established under a negligence cause of action: A Duty of Care is owed to the plaintiff under circumstances where
- The responsible party breach their duty of care to the injured party (plaintiff)
- The defendant was the actual and proximate cause of the plaintiff’s damages and
- The plaintiff actually suffered some harm (psychological or physical) as a result of the defendants negligence.
- Mental of physical incapacitation of the victim
- Minor status of the injured person – A person under the age of 18 has two years from her 18th birthday to file a personal injury cause of action
- The injury did not manifest itself until a later time after an accident
- All medical expenses
- All future medical expenses
- Cost of rehabilitation
- Cost of life care if a victim is disabled from the accident
- Lost wages
- Future loss or reduction of income
- Pain and suffering
- Punitive damage – where the defendant displays an intent to harm or reckless disregard for the health and safety of other.