If I Am Injured While A Passenger On A Train Or A Bus, Is The Common Carrier Liable?
The general rule is that a common carrier (one who offers transportation for hire available to the public generally or indiscriminately) may be liable for personal injuries to passengers. Common carriers, such as a passenger railroad company like Amtrak or public transportation company like New Orleans Regional Transit Authority (“RTA”), Jefferson Transit (“JET”), Baton Rouge Capital Area Transit System (“CATS”) or The Transit System For Shreveport & Bossier City (SPORTRAN) are generally required to use a highest degree of care in transporting its passengers to their destination. Louisiana courts impose this higher standard because of the carrier’s control and passenger’s reliance on the carrier to take them safely to their destination.
The high duty of care also shifts the burden of proof from the plaintiff to the defendant. When a fare paying passenger establishes she was injured on a common carrier due to a transportation risk or hazard, the burden of proof then shifts to the carrier to prove the passenger’s injures were not caused by the carriers negligence.
If you need help or have any question about your Bus or Train accident, call Lavis Law Firm at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don’t delay.