Friday, April 29, 2016

A bus operator's duty of care.

Practice point:  A common carrier owes a duty to an alighting passenger to stop at a place where the passenger may safely disembark and leave the area.

Student note:  A common carrier is subject to the same duty of care as any other potential tortfeasor, namely, reasonable care under all of the circumstances of the particular case.

Case:  Amin v. County of Suffolk, NY Slip Op 02947 (2d Dep't 2016)

Here is the decision.

Monday's issue:  Primary assumption of the risk.