Slip and Fall Accidents on Public Transportation: Establishing Liability for Common Carrier Negligence

Riding public transportation should be a safe and reliable way to get around. Unfortunately, slip and fall accidents can and do occur on buses, trains, and other forms of public transit. If you have suffered injuries in a slip and fall on public transportation, you may be able to recover damages by establishing liability based on the carrier’s negligence.

What Qualifies as Public Transportation Under Common Carrier Law?

In legal terms, any company or agency that transports people or goods for a fee is considered a “common carrier.” This includes public transit systems like city buses, commuter trains, subway systems, and rideshare services. The key factors are that:

• The transportation is available to the general public.
• There is a set fee charged for the service.
• The carrier maintains set routes and schedules.

When you ride public transportation, you are entering a legal agreement with the carrier. You agree to pay the fare and follow safety rules. In return, the carrier agrees to safely transport you to your destination. If the carrier fails to uphold this duty of care and you are injured, you may have a negligence claim.

Elements Required to Prove Negligence of a Common Carrier

To successfully establish liability, your slip and fall accident claim must prove:

• The carrier owed you a duty of care: Common carriers owe passengers the highest duty of care under the law. The standard requires them to use the highest caution, foresight, and prudence when transporting passengers.
• The carrier breached their duty: You must show how the carrier’s actions (or failure to act) resulted in the slip and fall accident. Common carrier breaches may involve wet floors, debris, failure to clean up spills, not salting icy steps, etc.
• The breach caused your injuries: Your injuries must have been a direct result of the carrier’s breach. For example, a wet floor on the bus caused you to slip and suffer a broken arm.
• You suffered measurable damages: You must prove the economic and non-economic costs of your injuries. This includes medical bills, lost income, pain and suffering, etc.

Proving these four elements establishes the carrier’s negligence under California law. Their breach of duty makes them liable for your damages.

Gathering Evidence to Support Your Slip and Fall Claim

Building a strong slip and fall injury claim requires collecting convincing evidence. Important evidence sources can include:

• Accident reports: Request a copy of any report created by the transit employees who responded to the accident scene. Review it for helpful details about unsafe conditions.
• Photographs: Take photos of the accident location as soon as possible showing hazards like water or debris. Also, photograph any visible injuries.
• Video footage: Many buses, trains, and stations have security cameras. Try to get copies of footage showing the accident.
• Witness statements: Talk to any passengers or employees who saw the accident happen. Get their contact info and written accounts.
• Medical records: All records related to the treatment of your injuries help prove damages. This includes ambulance records, emergency room visits, doctor reports, physical therapy notes, medications, etc.
• Maintenance & inspection records: Records showing lapses in safety protocols like floor cleaning can demonstrate negligence.
• Company protocols: Get copies of the carrier’s safety manuals, cleaning procedures, and employee training materials. Compare these to the carrier’s actions on the date of the accident.
• Weather reports: If weather conditions like rain or snow contributed to the hazard, obtain official weather data.

Presenting persuasive evidence like this builds a compelling case for the carrier’s negligence liability. It also maximizes your potential injury damages award.

Damages Available in California Public Transportation Injury Claims

If you prove negligence caused your accident injuries, you can recover several types of damages under California law. These include:

• Lost income: Wages lost due to missing work during recovery. May include future loss of earning capacity for permanent disabilities.
• Medical expenses: All costs related to medical treatment, both current and future expected costs. May include hospitalization, surgery, therapy, prescription medications, assistive devices, in-home care, etc.
• Property losses: Repair or replacement costs for clothing, shoes, bags, glasses, phones, etc. damaged in the accident.
• Pain and suffering: Monetary compensation for physical pain and mental/emotional distress experienced due to injuries.
• Loss of enjoyment: Damages for loss of life enjoyment if injuries prevent participating in activities you previously enjoyed.
• Disfigurement: Compensation if injuries leave permanent scarring or disfigurement.
• Punitive damages: Extra damages to punish gross negligence or reckless misconduct. Rare in slip and fall cases.

An experienced personal injury attorney can valuate all your eligible accident damages and fight to recover full and fair compensation under the law. This provides the funds you need to get your life back on track after an injury.

Picking the Right Attorney for Your Public Transportation Injury Claim

The claims process following a public transportation slip and fall can be complex. Transit agencies and their insurance companies often fight liability vigorously to avoid paying injury claims. Hiring an attorney levels the playing field by managing the legal process for you while you focus on recovery.

Look for an attorney with specific experience handling slip and fall public transit injury claims when choosing representation. Check credentials, case results, and client reviews. A skilled slip and fall personal injury lawyer understands both the legal strategies and the insurance company tactics needed to maximize your compensation.

If you or a loved one has suffered a serious injury in a preventable public transit accident in California, contact us for a free consultation. Our dedicated team has helped hundreds of local injury victims hold negligent carriers accountable following bus, train, rideshare, and other accidents. Let our experience work for you as you pursue the justice and compensation you deserve.

Visit one of our offices at:

• 10 Commercial Blvd, #206 Novato, CA 94949
• 75 Broadway #202, San Francisco, CA 94111
• 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403

Or call us today for a free consultation on (415) 897-4801. We will help you get the justice you deserve.