Slip and fall injuries are suffered by almost 5000 passengers every year, who board a bus, train or any other form of public transit. A slip and fall accident would be due to the negligence of the driver or even the poor condition of the vehicle. All the while, you must start claiming for your fall if you feel that you should get compensation for whatever you have suffered due to the injury.
Who is Liable for the Slip and fall?
You must file a case and prove the negligence associated with the incident, as you are the victim filing a claim against a municipality who owns the transit company. Usually, the driving nature and maintenance of the vehicle are supervised by the city or town that is operating the transit company.
The complexity of Your Claim
Your slip and fall case can get complex due to various reasons, by which the scope of your winning over the defendants lessens. One of those prime causes would be that of raining, on which the roads become slippery and wet. One can allege that the driver may have warned their passenger of the wet condition of the vehicle or get them cleaned and repaired at different intervals. Yet, some other conditions can lead to dampness and floor moisture, of which the driver will not be aware of what needs to be done instantly.
Are These Incidents Subject to ‘Common Carrier Law’?
In many of the states, the common carrier laws are extended to private entities and school buses. In the event of any injury, the common carrier incurs a higher intensity of care for its passengers. Safe methods and means of transit are indicated as ‘reasonable’. Meanwhile, the injuries that occur in a subway platform or train station can be extended beyond the vehicle in some of the states.
How to Begin with a Claim?
A claim needs to be filed within the time duration of 60 days to six months if they are associated with public transit companies. Even when the driver had acted independently, the case would still be covered by the transit themselves. The public transit company must be notified about the details of the accident when you are filing a claim. Moreover, it must be done before the expiry of the statute of limitations.
Before claiming for your fall, you must know well in advance that who really owns and operates that vehicle. It would fall under a public transit if the vehicle is managed by a state, town or county. Some factors such as slippery floors, loose railings, trip hazards and bunched up carpeting may also involve the persons or business liable for maintenance. This group can include the transit company, the driver and a third party hired for repairs and inspection.