Restivo and Murphy LLP
Restivo & Murphy LLP
Español   Korean

Experienced Lawyers,
Dedicated to Helping You

Free Consultation

New York Legal Blog

Horrific bus crash sees its first lawsuit

People may not thank you for taking the bus, but the planet is happy about it. Bus ridership helps reduce pollution and congestion in New York and other major cities, and trips taken on larger vehicles are often safer than personal cars or trucks. But nobody is perfect, and accidents can be just as dangerous for buses when they happen.

Two brothers are suing a tour bus company after they were seriously injured in an accident that occurred on a trip from New York bound for the capital of Ohio. One of the company's buses was outside Pittsburgh on the Pennsylvania Turnpike when the driver lost control and the vehicle crashed into an embankment and slid across the highway on its right side.

NSC gives statistics on school bus crashes

The National Safety Council, taking its data from the National Highway Traffic Safety Administration, stated that 117 people in New York and across the U.S. were killed in school bus-related accidents in 2018. This covers any vehicle used as a bus and includes incidents where buses are stopped to pick up or drop off students.

From 2009 to 2018, 70% of the fatally injured victims were occupants of vehicles other than the school bus. Five percent were school bus passengers and 4% school bus drivers. School bus passengers were more often injured non-fatally, making up 36% of such victims from 2008 to 2018. Fifty-one percent of non-fatal injury victims were occupants of vehicles other than the school bus.

Premises liability means injured people may not be alone

New Yorkers are a tough and hardy crowd. They're used to taking care of themselves. Sometimes, however, accidents happen and people get injured through now fault of their own. In those situations, it's reasonable to expect the party responsible for the accident to assume the costs. This includes situations where a New Yorker is injured due to a property owner's negligence.

Premises liability is the principle by which a manager or owner of a property or business has responsibility for the reasonable safety of anyone who visits it. This may apply to any number of public spaces, provided the victim of a potential injury is legally present.

Bus crash takes fourth New York pedestrian victim in 48 hours

New York is one of the busiest and fastest-moving cities on the planet, as well as home to nearly 2 million children. One of the difficulties of public safety and law enforcement officials in the "city that never sleeps" is balancing the need for transit with the need for safety.

A 10-year-old girl was killed in front of her brother as the two made their way to school. The incident happened in East New York where a school bus struck the victim while she crossed an intersection in a crosswalk just before school began at 7 a.m.

Premises liability and the legal status of the visitor

According to the legal idea of premises liability, a property owner in New York must maintain a reasonably safe environment for lawful entrants. If they fail in this, such as by neglecting to clear a sidewalk of ice and snow, and an entrant is injured as a result, then the property owner will be held liable for losses connected to those injuries.

The property owner's duty of care may differ based on the legal status of the visitor. Reasonable steps must be taken to protect invitees, such as customers in a store; licensees, who enter a property at the owner's consent for their own purpose; and social guests. The fourth group, trespassers, cannot hold an owner liable for injuries they incur since there is no promise implied to them. However, owners should warn about injury when setting up artificial conditions on the property that have the ability to cause harm.

The "baseball doctrine" is changing

New York sports fans that go to Yankees or Mets games are hoping to get their chance at a foul ball. However, when the foul ball is a screaming line drive, it presents a danger to fans. In the past, fans were without any remedy if they were injured by a foul ball.

Now, courts may possibly be changing the long-held legal doctrine that fans assume the risk of injury when they buy a ticket to a baseball game. The fact that teams are installing protective netting at stadiums shows that there is more of a risk than initially thought and that the teams are beginning to assume the responsibility for preventing these injuries.

Business owners may be liable for viruses, pathogens

Those in New York following coverage of the coronavirus may be concerned about how the virus may affect businesses. The city of Wuhan, China, is on lockdown, and many businesses are no longer allowed to operate to prevent the virus from spreading. Though the virus isn't considered to be a big threat yet in the United States, businesses may want to be prepared should a viral illness spread in the country.

Businesses that may be required to shut down for a period of time will lose money during the period. Obtaining Business Interruption insurance and Contingent Business Interruption insurance can help cover these losses. These two types of insurance cover both contamination of the property by a pathogen and monetary losses that result from supply chain disruptions due to a pathogen.

Who is liable in a New York tour bus accident?

Tour buses can be a great way to see New York City. Overall, it's a safe way to see the city, especially if you cannot walk long distances unaided. However, despite the relative safety of tour buses, accidents can happen.

If you or a loved one has been injured on a tour bus, it is important that you consider making a legal claim for damages. It's likely that significant pain and suffering was caused as the result of the accident, and you may also have had to pay significant medical bills for hospital treatment. In order to be successful in making a personal injury claim in New York, it is necessary to show that another party was liable. The following are some of the possible parties that could be held liable after a tour bus accident.

Man hurt in baseball game assault settles premises liability case

In New York, people might think that premises liability cases stem from slip-and-fall accidents or dangerous property conditions and little else. However, there are many reasons why a premises liability lawsuit can be filed. An example is a man who was physically assaulted at a Major League Baseball playoff game and suffered a traumatic brain injury.

After a playoff game in Los Angeles in 2015 between the New York Mets and Los Angeles Dodgers, a man was beaten by two other attendees. The man had filed a lawsuit in 2017 against the Dodgers and the people who attacked him. The case was recently settled. He and his wife said the Dodgers were negligent and responsible for him being assaulted, that he suffered emotional distress, that there was premises liability and other claims.

Super Lawyers New York Magazine Top Verdicts & Settlements Super Lawyers NYSTLA - New York State Trial Lawyers Association ABA - American Bar Association

We Offer Free Initial Consultations

Contact us to discuss your legal questions. We will provide a response promptly and there is no fee unless we win.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us Today